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90_SB0377
65 ILCS 5/11-1-12 new
720 ILCS 5/16A-7 from Ch. 38, par. 16A-7
Amends the Illinois Municipal Code and the Criminal Code
of 1961. Provides that corporate authorities of each
municipality may by ordinance declare retail theft to be
unlawful. Provides that the ordinance shall not apply to any
individual who has previously been convicted of any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, or home invasion, or
in cases where the theft is of property with a full retail
value in excess of $150. Provides that the municipality
shall provide a list of all retail theft ordinance
convictions to the office of the State's Attorney of the
county where the municipality is located. Provides that a
person who commits retail theft under a municipal ordinance
shall be liable to the merchant for actual damages, an amount
not less $100 nor more than $1,000, and attorney's fees and
court costs.
LRB9000651MWpcB
LRB9000651MWpcB
1 AN ACT concerning retail theft, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 adding Section 11-1-12 as follows:
6 (65 ILCS 5/11-1-12 new)
7 Sec. 11-1-12. Local retail theft ordinance. The
8 corporate authorities of a municipality may by ordinance
9 declare retail theft, as defined by the Criminal Code of
10 1961, to be unlawful. This ordinance, however, shall not
11 apply to any individual who has previously been convicted of
12 any type of theft, robbery, armed robbery, burglary,
13 residential burglary, possession of burglary tools, or home
14 invasion, or in cases where the theft is of property with a
15 full retail value in excess of $150.
16 The corporate authorities of any municipality that adopts
17 a retail theft ordinance under this Section shall keep a
18 record of all individuals that are convicted under the
19 ordinance. The municipality shall, in a timely manner,
20 furnish a copy of all retail theft ordinance convictions to
21 the office of the State's Attorney of the county where the
22 municipality is located.
23 Section 10. The Criminal Code of 1961 is amended by
24 changing Section 16A-7 as follows:
25 (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7)
26 Sec. 16A-7. Civil Liability. (a) A person who commits
27 the offense of retail theft as defined in Section 16A-3
28 paragraphs (a), (b) or (c) of this Code or Section 11-1-12 of
29 the Illinois Municipal Code, shall be civilly liable to the
-2- LRB9000651MWpcB
1 merchant of the merchandise in an amount consisting of:
2 (i) actual damages equal to the full retail value of the
3 merchandise as defined herein; plus
4 (ii) an amount not less than $100 nor more than $1,000;
5 plus
6 (iii) attorney's fees and court costs.
7 (b) If a minor commits the offense of retail theft, the
8 parents or guardian of said minor shall be civilly liable as
9 provided in this Section; provided, however that a guardian
10 appointed pursuant to the Juvenile Court Act or the Juvenile
11 Court Act of 1987 shall not be liable under this Section.
12 Total recovery under this Section shall not exceed the
13 maximum recovery permitted under Section 5 of the "Parental
14 Responsibility Law", approved October 6, 1969, as now or
15 hereafter amended.
16 (c) A conviction or a plea of guilty to the offense of
17 retail theft is not a prerequisite to the bringing of a civil
18 suit hereunder.
19 (d) Judgments arising under this Section may be
20 assigned.
21 (Source: P.A. 85-1209.)