99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2496
 
Introduced 2/18/2015, by Rep. Will Guzzardi
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/16-27

     Amends the Criminal Code of 2012.  Changes the additional amount of damages that may be recovered by the merchant from an amount not less than $100 nor more than $1,000 to an amount equal to the lesser of $500 or 3 times the full retail value of the merchandise.  Provides that a merchant may recover civil damages for retail theft by bringing suit in a circuit court or by executing a settlement agreement. Specifies form of settlement agreement.  Provides that the settlement agreement shall include a statement that nothing in the agreement shall constitute an admission of guilt for purposes of criminal law and that if the agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to the incident. Provides that nothing in the agreement can or will bar the State from instituting the criminal prosecutions as it deems necessary.  Effective immediately.
  


LRB099 06775 RLC 27982 b

 
 
A BILL FOR
 

  
HB2496LRB099 06775 RLC 27982 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 16-27 as follows:
 
6    (720 ILCS 5/16-27)
7    Sec. 16-27. Civil liability. 

8    (a) A person who commits the offense of
retail theft as 
9defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of 
10Section 16-25 shall be civilly liable to the merchant of the 
11merchandise in an amount
consisting of:


12        (i) actual damages equal to the full retail value of 
13    the merchandise; plus


14        (ii) an amount equal to the lesser of $500 or 3 times 
15    the full retail value of the merchandise not less than $100 
16    nor more than $1,000; plus


17        (iii) attorney's fees and court costs.

18    (b) If a minor commits the offense of retail theft, the 
19parents or guardian
of the minor shall be civilly liable as 
20provided in this Section; however, a guardian appointed 
21pursuant to the Juvenile Court Act of 1987 shall
not be liable 
22under this Section.  Total recovery under this Section shall
not 
23exceed the maximum recovery permitted under Section 5 of the 
 
 
HB2496- 2 -LRB099 06775 RLC 27982 b

1Parental
Responsibility Law. For the purposes of this Section, 
2"minor" means a person who is less than 19 years of age, is 
3unemancipated, and resides with his or her parent or parents or 
4legal guardian.

5    (c) A conviction or a plea of guilty to the offense of 
6retail theft is
not a prerequisite to the bringing of a civil 
7suit under this Section.

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

9    (e)  A merchant may recover civil damages for retail theft 
10by bringing suit in a circuit court or by executing a 
11settlement agreement in the form set out in subsection (f)  of 
12this Section.
13    (f)  A merchant and a person accused of retail theft by the 
14merchant may agree to execute a civil settlement agreement for 
15civil damages in an amount equal to the lesser of $500 or 3 
16times the full retail value of the merchandise, plus the return 
17of the merchandise or the replacement value of the merchandise 
18within 60 days of the date the agreement is signed. The form of 
19the settlement agreement shall be as follows:
 
20    Settlement of Claim for Taking Merchandise Without Payment
 
21    The undersigned, .............. (Party #1), having failed 
22    to pay for certain merchandise, more specifically 
23    described as follows .............., hereby agrees to pay, 
24    within 60 days of the date this agreement is signed, civil 
 
 
HB2496- 3 -LRB099 06775 RLC 27982 b

1    damages of .............. (an amount equal to the lesser of 
2    $500 or 3 times the full retail value of the merchandise), 
3    plus the merchandise or the replacement value of the 
4    merchandise. The parties agree that this payment shall 
5    constitute full and complete payment of damages to the 
6    following merchant ..............  The following merchant 
7    .............. agrees to waive any and all claims it may 
8    have for civil damages.
 
9    Nothing in this agreement shall constitute an admission of 
10    guilt for purposes of criminal law. If this agreement is 
11    signed and payment is made in full within 60 days, no 
12    police report or criminal complaint will be filed by the 
13    merchant relative to this incident. However, nothing in 
14    this agreement can or will bar the State of Illinois from 
15    instituting the criminal prosecutions as it deems 
16    necessary. 
 
17
...............
 
18
Party #1
 

 
19
...............
 
20
Party #2 for the following merchant:
 

 
21
...............
 
22(Source: P.A. 97-597, eff. 1-1-12.)
 
 
 
 
HB2496- 4 -LRB099 06775 RLC 27982 b

1    Section 99. Effective date. This Act takes effect upon 
2becoming law.