95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3593


 
Introduced 2/28/2007, by Rep. Sidney H. Mathias
 
SYNOPSIS AS INTRODUCED:
 		















65 ILCS 5/11-1-12 new





720 ILCS 5/16A-7
  from Ch. 38, par. 16A-7







    Amends the Municipal Code.  Provides that the corporate authorities of a municipality may enact an ordinance declaring retail theft to be unlawful.  Provides that the ordinance shall not apply to any  offense that is considered a felony under the Criminal Code of 1961.  Amends the Criminal Code of 1961.  Provides that any person who violates a municipal retail theft ordinance shall be civilly liable to the merchant.  Effective immediately.
















LRB095 03846 HLH 23877 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3593

LRB095 03846 HLH 23877 b






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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Municipal Code is amended  by adding 
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Section 11-1-12 as follows:
 
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    (65 ILCS 5/11-1-12  new)
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    Sec. 11-1-12. Local retail theft ordinance.  The corporate 
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authorities of a municipality may, by ordinance, declare retail 
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theft, as defined by the Criminal Code of 1961, to be unlawful. 
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An ordinance enacted under this Section shall not apply to any 
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offense that is considered a felony under the Criminal Code of 
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1961. An action to enforce an ordinance enacted under this 
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Section shall  be brought in the circuit court and shall not be 
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subject to adjudication in any administrative adjudication 
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system that may be established by the municipality. This 
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Section is not a limitation on home rule units.
 
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    Section 10. The Criminal Code of 1961 is amended  by 
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changing Section 16A-7 as follows:
 



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    (720 ILCS 5/16A-7)  (from Ch. 38, par. 16A-7)



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    Sec. 16A-7. Civil Liability. 

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    (a) A person who commits the offense of
retail theft as 
 


 






HB3593
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LRB095 03846 HLH 23877 b




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defined in Section 16A-3 paragraphs (a), (b), (c),
or
(h) of 
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this
Code or Section 11-1-12 of the Illinois Municipal Code, 
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shall be civilly liable to the merchant of the merchandise in 
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an amount
consisting of:


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        (i) actual damages equal to the full retail value of 
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    the merchandise as
defined herein; plus


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        (ii) an amount not less than $100 nor more than $1,000; 
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    plus


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        (iii) attorney's fees and court costs.

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    (b) If a minor commits the offense of retail theft, the 
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parents or guardian
of said minor shall be civilly liable as 
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provided in this Section; provided,
however that a guardian 
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appointed pursuant to the Juvenile Court Act
or the Juvenile 
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Court Act of 1987 shall
not be liable under this Section.  Total 
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recovery under this Section shall
not exceed the maximum 
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recovery permitted under Section 5 of the "Parental

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Responsibility Law", approved October 6, 1969, as now or 
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hereafter amended.

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    (c) A conviction or a plea of guilty to the offense of 
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retail theft is
not a prerequisite to the bringing of a civil 
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suit hereunder.

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    (d) Judgments arising under this Section may be assigned.

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(Source: P.A. 93-329, eff. 7-24-03.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.