STATE OF NEW YORK
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6734
2015-2016 Regular Sessions
IN ASSEMBLY
April 1, 2015
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Introduced by M. of A. CUSICK, GUNTHER, TITONE, SCARBOROUGH, CRESPO,
ZEBROWSKI, WEPRIN -- Multi-Sponsored by -- M. of A. CLARK, MAGEE,
SIMANOWITZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to organized retail theft
using an emergency exit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 9, 10 and 11 of section 155.30 of the penal
2 law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
3 vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
4 as added by chapter 394 of the laws of 2005, are amended and a new
5 subdivision 12 is added to read as follows:
6 9. The property consists of a scroll, religious vestment, a vessel, an
7 item comprising a display of religious symbols which forms a represen-
8 tative expression of faith, or other miscellaneous item of property
9 which:
10 (a) has a value of at least one hundred dollars; and
11 (b) is kept for or used in connection with religious worship in any
12 building, structure or upon the curtilage of such building or structure
13 used as a place of religious worship by a religious corporation, as
14 incorporated under the religious corporations law or the education
15 law[.]; or
16 10. The property consists of an access device which the person intends
17 to use unlawfully to obtain telephone service[.]; or
18 11. The property consists of anhydrous ammonia or liquified ammonia
19 gas and the actor intends to use, or knows another person intends to
20 use, such anhydrous ammonia or liquified ammonia gas to manufacture
21 methamphetamine[.]; or
22 12. The property is stolen from a retail mercantile establishment and,
23 to facilitate an organized retail crime, the person leaves the retail
24 mercantile establishment with such property by use of a designated emer-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08702-01-5
A. 6734 2
1 gency exit. For the purposes of this subdivision, the term "retail
2 mercantile establishment" shall mean a place where goods, wares, or
3 merchandise are offered to the public for sale. For purposes of this
4 subdivision, organized retail crime shall mean the stealing, embezzle-
5 ment, or obtaining by fraud, false pretenses, or other illegal means, of
6 retail merchandise in quantities that would not normally be purchased
7 for personal use or consumption, for the purpose of reselling, trading,
8 or otherwise reentering such retail merchandise into commerce.
9 § 2. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
