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A04685 Summary:

BILL NO	A04685
SAME AS	SAME AS S03816
SPONSOR	O'Pharrow
COSPNSR
MLTSPNSR
Amd §11-105, 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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A04685 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4685
 
SPONSOR: O'Pharrow

 
PURPOSE OR GENERAL IDEA OF BILL:
 
Upon a finding of not guilty, this bill requires the mercantile estab-
lishment to cease collections.
 
 
SUMMARY OF 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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
N/A
 
 
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:
 
01/17/23 - referred to judiciary
 
01/03/24 - referred to judiciary
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

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