Bill Text: NY S00779 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes crimes relating to false receipts and universal product code labels; defines terms.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Engrossed - Dead) 2013-03-27 - referred to codes [S00779 Detail]

Download: New_York-2013-S00779-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          779
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  FUSCHILLO, LAVALLE, RANZENHOFER -- 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 establishing crimes relat-
         ing to false receipts and universal product code labels
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is  amended  by  adding  three  new  sections
    2  165.80, 165.81 and 165.82 to read as follows:
    3  S  165.80  DEFINITIONS;  APPLICATION  TO OFFENSES REGARDING RETAIL SALES
    4             RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS.
    5    AS USED IN SECTIONS 165.81 AND 165.82 OF THIS ARTICLE,  THE  FOLLOWING
    6  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    7    1.  THE  TERM  "RETAIL  SALES  RECEIPT"  SHALL MEAN ANY HANDWRITTEN OR
    8  MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
    9  TO ACKNOWLEDGE PAYMENT RECEIVED FROM A CUSTOMER.
   10    2.  THE  TERM  "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
   11  OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
   12  ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
   13  READ  BY  A COMPUTER AT A POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING
   14  THE SALE PRICE OF A GOOD.
   15  S 165.81 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE
   16             SECOND DEGREE.
   17    A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL  PRODUCT  CODE
   18  FRAUD  IN  THE  SECOND  DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
   19  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
   20  SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A  RETAIL
   21  SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT.
   22    RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND
   23  DEGREE IS A CLASS A MISDEMEANOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01453-01-3
       S. 779                              2
    1  S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
    2             FIRST DEGREE.
    3    A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
    4  FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT  TO  DECEIVE  OR  DEFRAUD  A
    5  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
    6  SHE  USES,  TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
    7  OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
    8  THEREOF KNOWING SUCH TO BE COUNTERFEIT.
    9    RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
   10  DEGREE IS A CLASS E FELONY.
   11    S 2. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.