Bill Text: NY S07370 | 2011-2012 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-04 - referred to codes [S07370 Detail]

Download: New_York-2011-S07370-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7370
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced by Sen. FUSCHILLO -- 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.
   24  S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
   25             FIRST DEGREE.
   26    A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
   27  FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT  TO  DECEIVE  OR  DEFRAUD  A
   28  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15071-02-2
       S. 7370                             2
    1  SHE  USES,  TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
    2  OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
    3  THEREOF KNOWING SUCH TO BE COUNTERFEIT.
    4    RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
    5  DEGREE IS A CLASS E FELONY.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.