New York S 5082: Relates to mercantile establishments and the defense of lawful detention

Bill Text

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S05082 Summary:

BILL NOS05082 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRCOMRIE

&nbsp

MLTSPNSR

&nbsp

Amd §218, Gen Bus L

&nbsp

Relates to mercantile establishments and the defense of lawful detention; sets requirements that the release from detention shall not be conditioned on signing of any documents or agreements; provides if anything is signed a copy must be provided to the individual or their parent or guardian.

Go to top S05082 Actions:

BILL NOS05082 

&nbsp

02/18/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS05082 Committee&nbspVotes:

Go to topS05082 Floor&nbspVotes:

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

Go to topS05082 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5082

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sens. SEPULVEDA, COMRIE -- read twice and ordered printed,
 and when printed to be committed to the Committee on Consumer
 Protection

 AN ACT to amend the general business law, in relation to mercantile
 establishments and the defense of lawful detention

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

 1 Section 1. Section 218 of the general business law, as amended by
 2 chapter 374 of the laws of 1994, is amended to read as follows:
 3 § 218. 1. Defense of lawful detention. In any action for false
 4 arrest, false imprisonment, unlawful detention, defamation of character,
 5 assault, trespass, or invasion of civil rights, brought by any person by
 6 reason of having been detained on or in the immediate vicinity of the
 7 premises of (a) a retail mercantile establishment for the purpose of
 8 investigation or questioning as to criminal possession of an anti-secur-
 9 ity item as defined in section 170.47 of the penal law or as to the
 10 ownership of any merchandise, or (b) a motion picture theater for the
 11 purposes of investigation or questioning as to the unauthorized opera-
 12 tion of a recording device in a motion picture theater, it shall be a
 13 defense to such action that the person was detained in a reasonable
 14 manner and for not more than a reasonable time to permit such investi-
 15 gation or questioning by a peace officer acting pursuant to [his] such
 16 peace officer's special duties, police officer or by the owner of the
 17 retail mercantile establishment or motion picture theater, [his] such
 18 owner of the retail mercantile establishment or motion picture theater's
 19 authorized employee or agent, and that such officer, owner, employee or
 20 agent had reasonable grounds to believe that the person so detained was
 21 guilty of criminal possession of an anti-security item as defined in
 22 section 170.47 of the penal law or was committing or attempting to
 23 commit larceny on such premises of such merchandise or was engaged in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02168-01-5

 S. 5082 2

 1 the unauthorized operation of a recording device in a motion picture
 2 theater.
 3 2. As used in this section, "reasonable grounds" shall include, but
 4 not be limited to, knowledge that a person [(i)] (a) has concealed
 5 possession of unpurchased merchandise of a retail mercantile establish-
 6 ment, or [(ii)] (b) has possession of an item designed for the purpose
 7 of overcoming detection of security markings attachments placed on
 8 merchandise offered for sale at such an establishment, or [(iii)] (c)
 9 has possession of a recording device in a theater in which a motion
 10 picture is being exhibited [and a].
 11 3. A "reasonable time" shall mean the time necessary, not to exceed
 12 one hour, except for extraordinary circumstances, to permit the person
 13 detained to make a statement or to refuse to make a statement[,] and the
 14 time necessary to examine employees and records of the mercantile estab-
 15 lishment relative to the ownership of the merchandise, or possession of
 16 such an item or device.
 17 4. The release from detention shall not be conditioned upon any
 18 requirement that, the person detained pursuant to subdivision one of
 19 this section, or such person's parent or legal