New York S 5458: Establishes the office of organized retail theft

Bill Text

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S05458 Summary:

BILL NOS05458 

&nbsp

SAME ASSAME AS A04731

&nbsp

SPONSORCOMRIE

&nbsp

COSPNSRSCARCELLA-SPANTON

&nbsp

MLTSPNSR

&nbsp

Add §70-d, Exec L

&nbsp

Establishes the office of organized retail theft within the department of law to receive and investigate complaints from any source, or upon its own initiative, of allegations involving the use and role of organized retail theft.

Go to top S05458 Actions:

BILL NOS05458 

&nbsp

02/21/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS05458 Committee&nbspVotes:

Go to topS05458 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05458 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5458

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sens. COMRIE, SCARCELLA-SPANTON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Finance

 AN ACT to amend the executive law, in relation to establishing the
 office of organized retail theft

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The executive law is amended by adding a new section 70-d
 2 to read as follows:
 3 § 70-d. Office of organized retail theft. 1. There shall be estab-
 4 lished within the department of law an office of organized retail theft.
 5 Notwithstanding any other provision of law, the office of organized
 6 retail theft shall receive and investigate complaints from any source,
 7 or upon its own initiative, of allegations involving the use and role of
 8 organized retail theft in facilitating acts as described in this subdi-
 9 vision and, if warranted, prosecute any alleged criminal offense or
 10 offenses committed by a person or a retail theft organization, including
 11 but not limited to how such organization procures and/or steals property
 12 from retailers; trains a person to procure and/or steal property from
 13 retailers; resells stolen property and solicits buyers for such stolen
 14 property, including but not limited to physical and internet systems of
 15 resale; transfers and stores such stolen property; conceals funds
 16 related to the resale of stolen property or other funds associated,
 17 generated, and/or procured from illicit means related to organized
 18 retail theft; and how proceeds from the resale of stolen property are
 19 reinvested and used by such organization. Additionally, the office of
 20 organized retail theft may communicate and consult with businesses
 21 impacted or at risk to be targeted by organized retail theft, in a
 22 manner prescribed by such office.
 23 2. The office of organized retail theft may request and receive from
 24 the division of homeland security and emergency services, the division
 25 of state police, and from every department, division, board, bureau,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08246-01-5

 S. 5458 2

 1 commission or other agency of the state, or of any political subdivision
 2 thereof, cooperation and assistance in the performance of its duties.
 3 Additionally, the office of organized retail theft may provide technical
 4 and other assistance to any district attorney or other local law
 5 enforcement official requesting such assistance in the investigation or
 6 prosecution of cases involving offenses described in subdivision one of
 7 this section.
 8 3. The office of organized retail theft may determine that a referral
 9 to an appropriate federal, state or local law enforcement agency is
 10 necessary, and may assist in such investigations, if requested by a
 11 federal, state, or local law enforcement agency in their efforts to
 12 counter the offenses described in subdivision one of this section.
 13 4. In connection with the offenses described in subdivision one of
 14 this section, the office of organized retail theft shall conduct an
 15 investigation, which shall include but not be limited to: (a) gathering
 16 and analyzing evidence; (b) conducting witness interviews; (c) reviewing
 17 and commissioning any necessary investigative and scientific reports;
 18 and (d) reviewing audio and video recordings. The office of organized