A05582 Summary:

BILL NO    A05582 

SAME AS    SAME AS S00352

SPONSOR    Sepulveda (MS)

COSPNSR    Raia

MLTSPNSR   

Amd S11-105, Gen Ob L

Requires mercantile establishments to cease collections upon a court finding of
not guilty of larceny in mercantile establishments.
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A05582 Actions:

BILL NO    A05582 

02/27/2015 referred to judiciary
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A05582 Votes:

There are no votes for this bill in this legislative session.
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A05582 Memo:

BILL NUMBER:A5582

TITLE OF BILL:  An act to amend the general obligations law, in
relation to requiring mercantile establishments to cease collections
upon a court finding of not guilty of larceny in mercantile
establishments

PURPOSE OR GENERAL IDEA OF BILL:

Upon a finding of not guilty, this bill requires the mercantile
establishment to cease collections.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 11-105 of the general obligations law by
adding a new subdivision 13. It states that once a person is acquitted
of larceny, this person should not be civilly liable to the operator
of a mercantile establishment. It requires that all attempts to
collect monetary payments or recover mercantile shall be immediately
terminated.

Section 2 is the effective date.

JUSTIFICATION:

While the General Obligations law, section 11-105 provides ample
protection for mercantile establishments in cases of larceny, there is
no protection for someone who has been accused of larceny, but found
not guilty by the court.

This bill would prohibit a mercantile establishment from initiating
civil liability upon a finding of not guilty and would further require
any attempt to collect money or recover merchandise to immediately
cease.

PRIOR LEGISLATIVE HISTORY:

2014: S.5977 - Defeated in Judiciary / A.848 - Referred to Judiciary
2013: S.5977 - Referred to Rules / A.8248 - Referred to Judiciary

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.
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A05582 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5582

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 27, 2015
                                      ___________

       Introduced  by M. of A. SEPULVEDA, RAIA -- read once and referred to the
         Committee on Judiciary

       AN ACT to amend the general obligations law, in  relation  to  requiring
         mercantile establishments to cease collections upon a court finding of
         not guilty of larceny in mercantile establishments

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 11-105 of the general obligations law is amended by
    2  adding a new subdivision 13 to read as follows:
    3    13. CESSATION OF COLLECTIONS UPON FINDING OF  NOT  GUILTY.  AN  ADULT,
    4  EMANCIPATED MINOR, OR THE PARENTS OR LEGAL GUARDIANS OF AN UNEMANCIPATED
    5  MINOR  WHO  IS  FOUND  NOT  GUILTY  IN ANY PROCEEDING BROUGHT UNDER THIS
    6  SECTION SHALL NOT BE CIVILLY LIABLE TO THE OPERATOR  OF  THE  MERCANTILE
    7  ESTABLISHMENT  BRINGING THE PROCEEDING AND ANY ATTEMPTS TO COLLECT MONEY
    8  OR RECOVER MERCHANDISE FROM THE ADULT, EMANCIPATED MINOR, OR THE PARENTS
    9  OR LEGAL GUARDIANS OF AN UNEMANCIPATED MINOR SHALL IMMEDIATELY CEASE.
   10    S 2. This act shall take effect immediately.





        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01585-01-5
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