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New York State Majority Leader Andrea Stewart-Cousins and Senator Shelley B. Mayer announced last month that the FY 2024-2025 New York State Budget provides resources to police, prosecutors and small businesses to combat retail theft and crack down on illicit cannabis shops.  Included within the budget were the following new provisions:

Assault of a Retail Worker: Creates a new class E felony of assault of a retail worker.  A person is guilty of assault on a retail worker if they cause physical injury to a person whose usual workplace is a retail establishment, while they are performing a task within the scope of their duties, with the intent of preventing them from performing said duties. 

Larceny Aggregation: Allows prosecutors to aggregate the cost of stolen merchandise over multiple offenses if there is a single, ongoing criminal intent. A person found guilty with $1,000 in total stolen value can be charged with larceny in the 4th degree, a class E felony; a person found guilty with $3,000 in total stolen value can be charged with larceny in the 3rd degree, a class D felony; a person found guilty with $50,000 in total stolen value can be charged with larceny in the 2nd degree, a class C felony; and when a person if found guilty of $1 million in stolen value they can be charged with larceny in the 1st degree, a class B felony. 

Fostering the Sale of Stolen Goods: Creates the crime of fostering the sale of a stolen good; a class A misdemeanor. 

Tax Credits for Small Businesses: Provides a commercial security tax credit to businesses with 50 employees or fewer that have at least one physical retail location in New York State. Businesses with fewer than 25 employees are eligible to receive a tax credit if they spend more than $4,000 on security expenses within the last year; and businesses with more than 25 employees are eligible if they spend more than $6,000. Eligible businesses can claim up to $3,000 per location.

Shutting Down Illicit Cannabis Shops: Provides new tools for local governments to establish their own local laws to shut down illicit cannabis stores, seize products and impose civil penalties.

Majority Leader Stewart-Cousins and Senator Mayer were joined by County Executive George Latimer, Yonkers Mayor Mike Spano, Deputy County Executive Ken Jenkins, and President of the Retail Council of New York, Melissa O’Connor. 

Senate Majority Leader Andrea Stewart-Cousins said, “Through decisive action in the State Budget, we’re equipping local law enforcement with the necessary resources to combat retail theft and eradicate illicit cannabis shops, safeguarding both our communities and our economy. These new measures affirm our commitment to protecting our local businesses and ensuring the safety of both retail workers and consumers. I am proud to have led the Senate in the passage of these budget measures, and to stand with Governor Hochul and Speaker Heastie in prioritizing the safety and prosperity of all New Yorkers.”

State Senator Shelley B. Mayer said, “I am proud New York is taking action to address the ongoing challenge of persistent retail theft and illicit cannabis sales. The budget passed this year provides prosecutors and police with the tools necessary to crack down on retail theft and illicit cannabis shops, keeping New Yorkers safe and giving businesses the tools necessary to support and grow their stores. I thank Majority Leader Stewart-Cousins for her leadership and dedication to protecting New Yorkers and I thank our local leaders and law enforcement for working with us to find the appropriate measures to address these challenges.” 

Melissa O’Connor, President and CEO of the Retail Council of New York State said, “On behalf of thousands of stores in New York State, I want to thank the Legislature, Executive, district attorneys, and state and local police for listening to the concerns of business owners and employees. As a result of consistent collaboration among all stakeholders, including the Senate Majority Leader and Senator Mayer, New York will soon have new laws and related funding to address organized retail crime and habitual retail theft. The retail industry will continue our work with community leaders to ensure a safe shopping environment for all New Yorkers, including those in Westchester County.”

Westchester County Executive George Latimer said, “I want to thank my partners in government for coming together to combat an issue we have all seen facing our communities. The retail thieves who are behind crime sprees like smash-and-grabs, or those trying to profit from the sale of stolen goods deserve to face harsher penalties. They are cheating not only store owners, but the hard-working people who pay for the goods they purchase. By the same token, our business owners and retail workers should receive the support of additional patrols and tax credits if they incur costs from further securing their stores. We want to back our retail community, help reestablish a sense of trust, and put an end to retail theft in Westchester County.”   

Yonkers Mayor Mike Spano said, “I commend State Senate Majority Leader Stewart-Cousins and State Senator Shelley Mayor for taking action on cracking down on illegal smoke shops. We have long advocated for better state regulation of cannabis. We are not against legalization but rather direct marketing to children and its impact on the quality of life of the residents of our City.”

Westchester County District Attorney Miriam E. Rocah said, “We applaud the legislature for providing necessary updates to the laws that will help prosecutors across the state hold individuals accountable for retail theft, which has greatly impacted businesses, merchants, workers and shoppers.”