Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item; makes criminal possession of an anti-security item a class A misdemeanor.
STATE OF NEW YORK
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33
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the possession of anti-se-
curity items
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 155.30 of the penal law is amended by adding a new
2 subdivision 12 to read as follows:
3 12. The property is taken by a person who is in possession of an anti-
4 security item. For the purposes of this subdivision an "anti-security
5 item" is defined as an item designed for the purpose of overcoming
6 detection of security markings or attachments placed on property offered
7 for sale at such an establishment.
8 § 2. Section 170.47 of the penal law, as added by chapter 580 of the
9 laws of 1983, is amended to read as follows:
10 § 170.47 Criminal possession of an anti-security item.
11 A person is guilty of criminal possession of an anti-security item,
12 when with intent to steal property at a retail mercantile establishment
13 as defined in article twelve-B of the general business law, he knowingly
14 possesses in such an establishment an item designed for the purpose of
15 overcoming detection of security markings or attachments placed on prop-
16 erty offered for sale at such an establishment.
17 Criminal possession of an anti-security item is a class [B] A misde-
18 meanor.
19 § 3. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01144-01-9
