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 guardian, sign any docu- 20 ments, statements, or agreements to pay damages. Any documents presented 21 shall not contain any message stating that such document or statement is 22 being signed voluntarily and without coercion. Any person detained, or 23 such person's parent or legal guardian, who signs any statement or docu- 24 ments, shall, upon release, be provided with copies of such statements 25 or documents so signed. A minor, under the age of eighteen, detained 26 pursuant to this section, should immediately be afforded the ability to 27 contact such minor's parents or legal guardian. 28 5. Such detention at such vicinity shall not authorize the taking of 29 such person's fingerprints at such vicinity unless the taking of finger- 30 prints is otherwise authorized by section 160.10 of the criminal proce- 31 dure law and are taken by the arresting or other appropriate police 32 officer or agency described therein in accordance with section 140.20 or 33 140.27 of such law. Whenever fingerprints are taken, the requirements of 34 article one hundred sixty of the criminal procedure law shall apply as 35 if fully set forth herein. 36 § 2. This act shall take effect immediately.