BILL NUMBER: S3816
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the general obligations law, in relation to requiring
mercantile establishments to cease collections upon a court finding of
not guilty of larceny in mercantile establishments
 
PURPOSE:
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 by adding a
new subdivision 13. It states that once a person is acquitted of larce-
ny, this person should not be civilly liable to the operator of
a. mercantile establishment. It requires that all attempts to collect
monetary payments or recover merchandise shall be immediately termi-
nated.
Section 2 is the effective date.
 
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 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.
 
LEGISLATIVE HISTORY:
S.1915 of 2023-2024; Committed to Rules;
S.2231 of 2021-22: Referred to Judiciary;
S.1752 of 2019-20: Referred to Judiciary;
S.8444 of 2017-18: Referred to Judiciary;
A.5582 of 2015-16: Referred to Judiciary;
S.5977 of 2013-14: Defeated in Judiciary
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3816: 11-105 general obligations law