STATE OF NEW YORK ________________________________________________________________________ 4731 2025-2026 Regular Sessions IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. DINOWITZ, TAPIA, ZACCARO, DeSTEFANO, McDONOUGH, K. BROWN, BUTTENSCHON, STECK, SEAWRIGHT -- read once and referred to the Committee on Governmental Operations 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08246-01-5
A. 4731 2 1 of state police, and from every department, division, board, bureau, 2 commission or other agency of the state, or of any political subdivision 3 thereof, cooperation and assistance in the performance of its duties. 4 Additionally, the office of organized retail theft may provide technical 5 and other assistance to any district attorney or other local law 6 enforcement official requesting such assistance in the investigation or 7 prosecution of cases involving offenses described in subdivision one of 8 this section. 9 3. The office of organized retail theft may determine that a referral 10 to an appropriate federal, state or local law enforcement agency is 11 necessary, and may assist in such investigations, if requested by a 12 federal, state, or local law enforcement agency in their efforts to 13 counter the offenses described in subdivision one of this section. 14 4. In connection with the offenses described in subdivision one of 15 this section, the office of organized retail theft shall conduct an 16 investigation, which shall include but not be limited to: (a) gathering 17 and analyzing evidence; (b) conducting witness interviews; (c) reviewing 18 and commissioning any necessary investigative and scientific reports; 19 and (d) reviewing audio and video recordings. The office of organized 20 retail theft shall be empowered to subpoena witnesses, compel their 21 attendance, examine them under oath before such office or a magistrate 22 and require that any books, records, documents or papers relevant or 23 material to the inquiry be turned over to such office for inspection, 24 examination or audit, pursuant to the civil practice law and rules, in 25 connection with such offenses described in subdivision one of this 26 section. 27 5. The attorney general shall designate a deputy attorney general for 28 organized retail theft to exercise the powers and duties of the office 29 of retail theft, who shall be in the exempt class of the civil service. 30 The deputy attorney general may designate deputies or assistants, who 31 shall be in the exempt class of the civil service, as necessary and 32 appropriate. The other employees of the office of organized retail theft 33 within the department of law, who are not otherwise exempt, shall all be 34 in the competitive class of the civil service and shall be considered 35 for purposes of article fourteen of the civil service law to be public 36 employees in the civil service of the state, and shall be assigned to 37 the appropriate collective bargaining unit. Employees serving in posi- 38 tions in newly created titles shall be assigned to the same collective 39 bargaining units as they would have been assigned to if such titles were 40 created prior to the establishment of the office of organized retail 41 theft within the department of law pursuant to this section. The deputy 42 attorney general for organized retail theft may appear and conduct 43 proceedings in person or by their deputy or assistant before any court 44 or grand jury in connection with proceedings under this section. 45 6. One year after this section takes effect, and annually thereafter, 46 the office of organized retail theft shall issue a report, which shall 47 be made available to the public and posted on the website of the depart- 48 ment of law, which shall summarize the activities of the office of 49 organized retail theft and recommend specific changes to state law to 50 further the investigations and prosecutions of the office of organized 51 retail theft. 52 7. The office of organized retail theft may perform any other func- 53 tions and duties that are necessary or appropriate to fulfill the duties 54 and responsibilities of such office. 55 § 2. Severability. If any clause, sentence, paragraph, subdivision, 56 section or part of this act shall be adjudged by any court of competent
A. 4731 3 1 jurisdiction to be invalid, such judgment shall not affect, impair, or 2 invalidate the remainder thereof, but shall be confined in its operation 3 to the clause, sentence, paragraph, subdivision, section or part thereof 4 directly involved in the controversy in which such judgment shall have 5 been rendered. It is hereby declared to be the intent of the legislature 6 that this act would have been enacted even if such invalid provisions 7 had not been included herein. 8 § 3. This act shall take effect two years after it shall have become a 9 law.