SB2253 97TH GENERAL ASSEMBLY

LRB097 05427 KMW 45485 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2253

Introduced 2/15/2011, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-1-12 new
720 ILCS 5/16A-7	from Ch. 38, par. 16A-7

Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may, by ordinance, declare retail theft to be unlawful. Provides that the ordinance shall only apply to first time offenders that have not previously been convicted of theft, robbery, burglary, or home invasion. Further provides that a municipality shall enforce a retail theft offense by bringing action in the circuit court, and that an offense shall be reported to the State's Attorney within 10 days after the offense has been charged. Amends the Criminal Code of 1961. Provides that a person who commits retail theft in a municipality that has adopted an ordinance that makes the offense unlawful, shall be civilly liable to the merchant of the merchandise. Sets forth the amounts in which a person who commits retail theft shall be civilly liable. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 11-1-12 as follows:

(65 ILCS 5/11-1-12 new)

Sec. 11-1-12. Local retail theft ordinance. The corporate authorities of a municipality may, by ordinance, declare retail theft, as defined by the Criminal Code of 1961, to be unlawful. An ordinance enacted under this Section shall not apply to any offense of retail theft exceeding $150. Any ordinance enacted under this Section shall only apply to first time offenders that have not previously been convicted of theft, robbery, burglary, or home invasion under the Criminal Code of 1961. An action to enforce an ordinance enacted under this Section shall be brought in the circuit court and shall not be subject to adjudication in any administrative adjudication system that may be established by the municipality. Any offense charged under this ordinance shall be reported to the State's Attorney in the jurisdiction where the municipality lies within 10 days after the offense has been charged. This Section is not a limitation on home rule units.

Section 10. The Criminal Code of 1961 is amended by changing Section 16A-7 as follows:

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

Sec. 16A-7. Civil Liability.

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

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

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

(iii) attorney's fees and court costs.

(b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the "Parental Responsibility Law", approved October 6, 1969, as now or hereafter amended.

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

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

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

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