NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A851
SPONSOR: Jean-Pierre 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 estab-
lishment to cease collections.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 11-105 of the general obligations inn 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 mone-
tary 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
2016:A.5582- Referred to Judiciary 2018:S.8444- Referred to Judiciary
2020: A7457/S1752- Referred to Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
851
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. JEAN-PIERRE -- 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 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03504-01-1
