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Committee debates bill that would bar merchant civil recovery after a not-guilty verdict
Summary
The Senate Judiciary Committee debated Senate Print 38-16 on March 18, 2026, which would prevent mercantile establishments from collecting civil judgments after a criminal not-guilty finding. Lawmakers split over whether an acquittal should preclude later civil claims; the committee moved the bill to the floor for further consideration.
The New York State Senate Judiciary Committee on March 18 debated Senate Print 38-16, sponsored in the transcript by “Senator Kovita,” a proposal to prohibit mercantile establishments from pursuing civil collections after a defendant has been adjudicated not guilty of larceny.
Chair (S1) framed the measure around the effect of a criminal adjudication: “If you are adjudicated not to be guilty on a criminal offense, then there should be no other method for the establishment to collect on something,” the chair said, arguing a not-guilty finding should foreclose subsequent civil collection tied to the same alleged conduct.
Several committee members challenged that position on business-recovery grounds. Committee member (S6) said, “I’ve been against this bill. I’m still going to vote no … sometimes cases are dismissed on technical reasons, not the merits,” and expressed concern that stores—especially in grand-larceny matters—should retain the ability to seek civil relief.
Another committee member (S7) warned the bill could chill cooperation with criminal prosecutions, saying retailers may be forced “to decide whether to cooperate with a prosecution for fear of not being able to bring their own action to recover money that was taken from them.”
A different member (S8) pressed on the legal standard, asking, “Why would the failure to convict criminally impact the lesser burden of the preponderance of the evidence?” reflecting the panel’s focus on the difference between criminal and civil burdens of proof.
Committee discussion ranged from legal principle to practical effect on small businesses. Supporters argued that an acquittal is an adjudication that should protect defendants from having the same factual dispute relitigated in civil court; opponents said an acquittal, or dismissal on technical grounds, does not mean a business has no civil remedy.
After the exchange the committee voted to move the bill; the transcript records the motion and that the bill was reported to the floor for further consideration. The committee did not record a roll-call tally in the transcript excerpt provided.
What happens next: reporting the bill to the floor sends the measure to the full Senate for further debate and any subsequent votes.
