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91_HB2169
LRB9101349MWpc
1 AN ACT in relation to penal ordinances, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 adding Section 11-1-12 as follows:
7 (65 ILCS 5/11-1-12 new)
8 Sec. 11-1-12. Local retail theft ordinance. The
9 corporate authorities of a municipality may, by ordinance,
10 declare retail theft, as defined by the Criminal Code of
11 1961, to be unlawful. The ordinance, however, may not apply
12 to any individual who has previously been convicted of any
13 type of theft, robbery, armed robbery, burglary, residential
14 burglary, possession of burglary tools, or home invasion, or
15 in any case where the theft is of property with a full retail
16 value in excess of $150.
17 The corporate authorities of any municipality that adopts
18 a retail theft ordinance under this Section shall keep a
19 record of all individuals who are convicted under the
20 ordinance and shall make the record available for public
21 inspection and copying on the payment of the cost of
22 reproducing the record. The municipality must, in a timely
23 manner, furnish a copy of all retail theft ordinance
24 convictions to the office of the State's Attorney of the
25 county in which the municipality is located.
26 Section 10. The Criminal Code of 1961 is amended by
27 changing Section 16A-7 as follows:
28 (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7)
29 Sec. 16A-7. Civil Liability. (a) A person who commits
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1 the offense of retail theft as defined in Section 16A-3
2 paragraphs (a), (b) or (c) of this Code or Section 11-1-12 of
3 the Illinois Municipal Code, shall be civilly liable to the
4 merchant of the merchandise in an amount consisting of:
5 (i) actual damages equal to the full retail value of the
6 merchandise as defined herein; plus
7 (ii) an amount not less than $100 nor more than $1,000;
8 plus
9 (iii) attorney's fees and court costs.
10 (b) If a minor commits the offense of retail theft, the
11 parents or guardian of said minor shall be civilly liable as
12 provided in this Section; provided, however that a guardian
13 appointed pursuant to the Juvenile Court Act or the Juvenile
14 Court Act of 1987 shall not be liable under this Section.
15 Total recovery under this Section shall not exceed the
16 maximum recovery permitted under Section 5 of the "Parental
17 Responsibility Law", approved October 6, 1969, as now or
18 hereafter amended.
19 (c) A conviction or a plea of guilty to the offense of
20 retail theft is not a prerequisite to the bringing of a civil
21 suit hereunder.
22 (d) Judgments arising under this Section may be
23 assigned.
24 (Source: P.A. 85-1209.)
25 Section 15. The Code of Civil Procedure is amended by
26 changing Section 13-202 as follows:
27 (735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
28 Sec. 13-202. Personal injury - Penalty. Actions for
29 damages for an injury to the person, or for false
30 imprisonment, or malicious prosecution, or for a statutory
31 penalty, or for abduction, or for seduction, or for
32 violations of penal ordinances, or for criminal conversation,
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1 except damages resulting from first degree murder or the
2 commission of a Class X felony and the perpetrator thereof is
3 convicted of such crime, shall be commenced within 2 years
4 next after the cause of action accrued but such an action
5 against a defendant arising from a crime committed by the
6 defendant in whose name an escrow account was established
7 under the "Criminal Victims' Escrow Account Act" shall be
8 commenced within 2 years after the establishment of such
9 account.
10 (Source: P.A. 84-1450.)
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