093_SB1376

 
                                     LRB093 03334 RLC 03352 b

 1        AN ACT in relation to criminal law.

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

 4        Section   5.   The  Criminal  Code  of 1961 is amended by
 5    changing Section 16A-7 as follows:

 6        (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7)
 7        Sec. 16A-7.  Civil Liability.  (a) A person  who  commits
 8    the  offense  of  retail  theft  as  defined in Section 16A-3
 9    paragraphs (a), (b), or (c), or (h) of this  Code,  shall  be
10    civilly  liable  to  the  merchant  of  the merchandise in an
11    amount consisting of:
12        (i)  actual damages equal to the full retail value of the
13    merchandise as defined herein; plus
14        (ii)  an amount not less than $100 nor more than  $1,000;
15    plus
16        (iii)  attorney's fees and court costs.
17        (b)  If  a minor commits the offense of retail theft, the
18    parents or guardian of said minor shall be civilly liable  as
19    provided  in  this Section; provided, however that a guardian
20    appointed pursuant to the Juvenile Court Act or the  Juvenile
21    Court  Act  of  1987  shall not be liable under this Section.
22    Total recovery  under  this  Section  shall  not  exceed  the
23    maximum  recovery  permitted under Section 5 of the "Parental
24    Responsibility Law", approved October  6,  1969,  as  now  or
25    hereafter amended.
26        (c)  A  conviction  or a plea of guilty to the offense of
27    retail theft is not a prerequisite to the bringing of a civil
28    suit hereunder.
29        (d)  Judgments  arising  under  this   Section   may   be
30    assigned.
31    (Source: P.A. 85-1209.)
 
                            -2-      LRB093 03334 RLC 03352 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.