Governor Hochul, Retail Workers and Small Business Owners Celebrate New Landmark Protections Against Organized Retail Theft

Governor Kathy Hochul today joined a coalition of frontline retail workers and small business owners to celebrate new protections against organized retail theft that were signed into law with the FY25 State Budget. This comprehensive approach puts more power in the hands of law enforcement, prosecutors and business owners - targeting every area of vulnerability. The new protections include increased criminal penalties for anyone who assaults a retail worker elevating it from a misdemeanor to a felony, and includes a $5 million tax credit to help small business owners invest in added security measures. Governor Hochul's FY25 State Budget again makes historic investments in public safety and builds on three years of progress driving down crime statewide.

"I promised the retail workers and our small business owners that I would protect them - and we are doing just that," Governor Hochul said. "Here in New York, we are standing up to organized retail theft, backing our businesses and their workers with the full force of the law, and restoring that sense of security and peace of mind so they can focus on what they do best."

Governor Hochul's focus on organized retail theft comes as crime data shows a significant spike in these crimes over the past six years. Larceny offenses in New York City have spiked by 51 percent between 2017 and 2023. Robberies, grand larceny and petit larceny in New York City are up by 86 percent during that same time period.

The FY25 State Budget includes Governor Hochul's five-point plan to fight organized retail theft:

• Increases criminal penalties for anyone who assaults a retail worker by elevating it from a misdemeanor to felony. Any person who causes physical injury to a retail worker performing their job will be subject to this new felony.
• Allowing prosecutors to combine the value of stolen goods when they file larceny charges. The Budget allows retail goods from different stores to be aggregated for the purposes of reaching a higher larceny threshold when stolen under the same criminal scheme.
• Making it illegal to foster the sale of stolen goods to go after third-party sellers. A person will be found guilty if they use any website or physical location to sell stolen goods.
• $40.2 million for dedicated Retail Theft Teams within State Police, District Attorneys' offices and local law enforcement, including 100 New York State Police personnel dedicated to fighting organized retail theft.
• $5 million tax credit to help small businesses invest in added security measures such as cameras. To help alleviate the burden on small businesses for additional security measures, the Budget creates a $3,000 tax credit for any small businesses who spends the threshold amount of money on retail theft prevention measures.

Governor Hochul's commitment to fighting retail theft in the FY25 Budget builds on core strategies that have driven violent crime to historic lows. As a result of programs like the Gun Involved Violence Elimination Initiative (GIVE), which provides funding to local law enforcement in 21 counties outside of New York City, gun crimes have seen dramatic drops. Last quarter, GIVE regions had the lowest number of shootings on record, and New York City had the lowest number of shootings in any quarter since the pandemic. Since 2021, murders statewide are down 30 percent.

State Senator Brad Hoylman-Sigal said, "Shoplifting and organized retail theft have plagued countless small businesses in my district and across New York City. While penalties previously existed for possessing stolen goods, until now there was no specific law that targeted e-fencing, or reselling stolen items online, which has increased by nearly 60% since 2015. It's been estimated that criminal enterprises are selling over $500 billion in stolen or counterfeit products through online marketplaces like Amazon, Craigslist, eBay and Facebook Marketplace, with little to no consequences. That changes with the inclusion of our bill in the state budget to establish a criminal offense for e-fencing. With this new offense, we are giving our district attorneys an important tool to tackle organized retail theft and the reselling of stolen items, wherever it occurs. I'm grateful to Governor Hochul, Senate Majority Leader Stewart-Cousins, Manhattan District Attorney Bragg and Assembly Sponsor Rosenthal for their support of this important legislation."

State Senator Jessica Scarcella-Spantonsaid, "Today's signing represents an important milestone in our ongoing commitment to ensuring the well-being of our retail workers and protecting our small businesses from violent theft. I would like to commend our Governor Kathy Hochul, my partner in the Assembly, Manny de los Santos, CAPS, and all of our small business owners and representatives. Assaulting a retail worker will now be a felony. This measure derived from my legislation will elevate penalties for assaulting a retail worker because no one should have to live in fear of being assaulted when they go to work. We are here to reaffirm our commitment to their safety and the safety of all retail workers across the state. Throughout the pandemic, we relied on our retail workers as essential workers-often working unconventional hours in small businesses owned and operated by neighbors in the surrounding community. In this budget, we send a message to retail workers that we support them and that their lives are valuable. This package is a big win for public safety and our local businesses, and I'm really grateful to have played a part in getting these measures included for my constituents in Staten Island and Southern Brooklyn."

Assemblymember Manny De Los Santos said, "Recognizing the crucial role of retail workers as essential contributors to our communities, enhancing public safety by strengthening penalties for theft and violence in retail settings is paramount. This measure reflects our unwavering commitment to doing what's right by creating safe and secure environments where both employees and customers can feel valued and protected. I express my gratitude to Governor Hochul, Speaker Heastie, and Senator Scarcella-Spanton for their steadfast dedication to enacting laws that prioritize the well-being of our essential workers and communities."

Brooklyn District Attorney Eric Gonzalez said, "Working to stop retail theft and better protect retail employees has been an important priority for my office and law enforcement agencies throughout the city. I am grateful that the Legislature added tools that will help with this mission in this year's State Budget and gratified that Governor Hochul signed them into law. This new funding will allow us to build on successful anti-theft programs, including our trespass affidavit program to stop repeat offenders, and invest in other solutions. The protections that were enacted today send a united and clear message that our businesses, and hardworking New Yorkers serving our communities, must operate in safety and without fear of lawlessness."

Director of Government Relations for the National Supermarket Association and spokesperson for CAPS Nelson Eusebio said, "I commend Governor Hochul for taking on the issue of retail theft and working tirelessly to advance the plan to address the issue. We are grateful for the Governor's support of these policies which will have meaningful change on the ground for our stores, employees, and communities and that is what it is all about. Thank you to Assemblymember Manny De Los Santos and Senator Jessica Scarcella-Spanton for being strong advocates in the State Legislature and uplifting the concerned voices of small businesses across New York City and New York State."

Retail Council of New York State President and CEO Melissa O'Connor said, "New York is the retail capital of the world, and Governor Hochul acknowledged months ago that in order to maintain this designation, stores needed her help to address organized retail crime and habitual retail theft. She listened to our concerns related to store and community safety and, most importantly, she took action. I am proud to join the governor and the brands we represent to witness today's bill signing, following months of hard work, respectful debates and insightful conversations with lawmakers and community leaders. We will continue to engage with all stakeholders to ensure a safe and enjoyable shopping experience in stores throughout New York State."

President and CEO for the Business Council of New York State Inc. Heather Mulligan said, "Retail theft has become a major concern for businesses across the state, particularly small businesses with exposed inventory, which is leaving them susceptible to such crimes. We thank the Governor for prioritizing these increased safety measures and for protecting those who provide jobs and contribute to the state and local economies."

President and CEO of the Partnership for New York City Kathryn Wylde said, "The business community is deeply appreciative of Governor Hochul's leadership in tackling the explosion in retail theft and, in particular, increased protection of retail workers who are so vulnerable to intimidation and injury."

President and CEO of the Greater New York Chamber of Commerce Mark Jaffe said, "Our members appreciate Kathy Hochul's leadership to help punish repeat offenders and those who are jeopardizing NY's quality of life. We are all dependent upon retailers & small businesses to provide essential services. No doubts this legislation provides important tools that will protect them and thus restore safer communities that are so important to NY's vibrancy. Small businesses and retailers have proven to be integral to the way we live and do business and they deserve all the support we can give them. We at the Chamber are proud to support our retailers and small business members and will continue to celebrate this legislation."

Manhattan Chamber of Commerce President and CEO Jessica Walker said, "Retail theft has become a major threat to the survival of small businesses across New York City. Sadly, many business owners even stopped reporting such theft because they felt nothing would be done about it. We commend Governor Hochul and the state legislature for finally hearing their pleas and acting decisively to address this crisis."

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