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(720 ILCS 5/16-26) Sec. 16-26. Detention; affirmative defense. (a) Detention. Any merchant who has reasonable grounds to
believe that a person has committed retail theft may detain the person,
on or off the premises of a retail mercantile
establishment, in a reasonable manner and for a reasonable
length of time for all or any of the following purposes:
(1) To request identification;
(2) To verify such identification;
(3) To make reasonable inquiry as to whether such |
| person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
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(4) To inform a peace officer of the detention of the
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| person and surrender that person to the custody of a peace officer;
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(5) In the case of a minor, to immediately make a
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| reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.
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A merchant may make a detention as permitted in this Section off the premises of a
retail mercantile establishment only if such detention is pursuant to an
immediate pursuit
of such person.
A merchant shall be deemed to have reasonable grounds to make a
detention for the purposes of this Section if the merchant detains a person
because such person has in his or her possession either a theft detection
shielding device or a theft detection device remover.
(b) Affirmative defense. A detention as permitted in this Section
does not constitute an arrest or an unlawful restraint, as defined in Section
10-3 of this Code,
nor shall it render the merchant liable to the person so detained.
(c) For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(Source: P.A. 97-597, eff. 1-1-12.)
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