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Bill > S05082


NY S05082

NY S05082
Relates to mercantile establishments and the defense of lawful detention; sets requirements that the release from detention shall not be conditioned on signing of any documents or agreements; provides if anything is signed a copy must be provided to the individual or their parent or guardian.


summary

Introduced
02/18/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the general business law, in relation to mercantile establishments and the defense of lawful detention

AI Summary

This bill amends the New York General Business Law to provide clearer protections for individuals detained in retail establishments or movie theaters during investigations of potential theft or unauthorized recording. The bill clarifies the legal standards for lawful detention, defining "reasonable grounds" for detainment as including possession of unpurchased merchandise, items designed to defeat security tags, or recording devices in theaters. It limits the duration of detainment to one hour (except in extraordinary circumstances) and explicitly prohibits releasing a detained person from being conditioned on signing any documents or agreements. Furthermore, if any documents are signed during detainment, the establishment must provide copies to the detained person or their parent/guardian. The bill also emphasizes that for minors, immediate contact with parents or legal guardians must be allowed. Additionally, the bill specifies that fingerprinting during such detentions is only permitted under specific legal circumstances outlined in the criminal procedure law. These provisions aim to protect the rights of individuals during investigations while maintaining the ability of businesses to address potential theft or unauthorized activities.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

REFERRED TO CONSUMER PROTECTION (on 01/07/2026)

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