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91_HB2169eng HB2169 Engrossed LRB9101349MWpc 1 AN ACT in relation to penal ordinances, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Municipal Code is amended by 6 adding Section 11-1-12 as follows: 7 (65 ILCS 5/11-1-12 new) 8 Sec. 11-1-12. Local retail theft ordinance. The 9 corporate authorities of a municipality may, by ordinance, 10 declare retail theft, as defined by the Criminal Code of 11 1961, to be unlawful. The ordinance, however, may not apply 12 to any individual who has previously been convicted of any 13 type of theft, robbery, armed robbery, burglary, residential 14 burglary, possession of burglary tools, or home invasion, or 15 in any case where the theft is of property with a full retail 16 value in excess of $150. 17 The corporate authorities of any municipality that adopts 18 a retail theft ordinance under this Section shall keep a 19 record of all individuals who are convicted under the 20 ordinance and shall make the record available for public 21 inspection and copying on the payment of the cost of 22 reproducing the record. The municipality must, in a timely 23 manner, furnish a copy of all retail theft ordinance 24 convictions to the office of the State's Attorney of the 25 county in which the municipality is located. 26 Section 10. The Criminal Code of 1961 is amended by 27 changing Section 16A-7 as follows: 28 (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7) 29 Sec. 16A-7. Civil Liability. (a) A person who commits HB2169 Engrossed -2- LRB9101349MWpc 1 the offense of retail theft as defined in Section 16A-3 2 paragraphs (a), (b) or (c) of this Code or Section 11-1-12 of 3 the Illinois Municipal Code, shall be civilly liable to the 4 merchant of the merchandise in an amount consisting of: 5 (i) actual damages equal to the full retail value of the 6 merchandise as defined herein; plus 7 (ii) an amount not less than $100 nor more than $1,000; 8 plus 9 (iii) attorney's fees and court costs. 10 (b) If a minor commits the offense of retail theft, the 11 parents or guardian of said minor shall be civilly liable as 12 provided in this Section; provided, however that a guardian 13 appointed pursuant to the Juvenile Court Act or the Juvenile 14 Court Act of 1987 shall not be liable under this Section. 15 Total recovery under this Section shall not exceed the 16 maximum recovery permitted under Section 5 of the "Parental 17 Responsibility Law", approved October 6, 1969, as now or 18 hereafter amended. 19 (c) A conviction or a plea of guilty to the offense of 20 retail theft is not a prerequisite to the bringing of a civil 21 suit hereunder. 22 (d) Judgments arising under this Section may be 23 assigned. 24 (Source: P.A. 85-1209.) 25 Section 15. The Code of Civil Procedure is amended by 26 changing Section 13-202 as follows: 27 (735 ILCS 5/13-202) (from Ch. 110, par. 13-202) 28 Sec. 13-202. Personal injury - Penalty. Actions for 29 damages for an injury to the person, or for false 30 imprisonment, or malicious prosecution, or for a statutory 31 penalty, or for abduction, or for seduction, or for 32 violations of penal ordinances, or for criminal conversation, HB2169 Engrossed -3- LRB9101349MWpc 1 except damages resulting from first degree murder or the 2 commission of a Class X felony and the perpetrator thereof is 3 convicted of such crime, shall be commenced within 2 years 4 next after the cause of action accrued but such an action 5 against a defendant arising from a crime committed by the 6 defendant in whose name an escrow account was established 7 under the "Criminal Victims' Escrow Account Act" shall be 8 commenced within 2 years after the establishment of such 9 account. 10 (Source: P.A. 84-1450.)