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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1121eng SB1121 Engrossed SDS/910011/JDdo 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 16A-5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 16A-5 as follows: 7 (720 ILCS 5/16A-5) (from Ch. 38, par. 16A-5) 8 Sec. 16A-5. Detention. Any merchant who has reasonable 9 grounds to believe that a person has committed retail theft 10 may detain such person, on or off the premises of a retail 11 mercantile establishment, in a reasonable manner and for a 12 reasonable length of time for all or any of the following 13 purposes: 14 (a) To request identification; 15 (b) To verify such identification; 16 (c) To make reasonable inquiry as to whether such person 17 has in his possession unpurchased merchandise and, to make 18 reasonable investigation of the ownership of such 19 merchandise; 20 (d) To inform a peace officer of the detention of the 21 person and surrender that person to the custody of a peace 22 officer; 23 (e) In the case of a minor, to immediately make a 24 reasonable attempt to informa peace officer,the parents, 25 guardian or other private person interested in the welfare of 26 that minor and, at the merchant's discretion, a peace 27 officer, of this detention and to surrender custody of such 28 minor to such person. 29 A merchant may make a detention as permitted herein off 30 the premises of a retail mercantile establishment only if 31 such detention is pursuant to an immediate pursuit of such SB1121 Engrossed -2- SDS/910011/JDdo 1 person. 2 A merchant shall be deemed to have reasonable grounds to 3 make a detention for the purposes of this Section if the 4 merchant detains a person because such person has in his 5 possession either a theft detection shielding device or a 6 theft detection device remover. 7 (Source: P.A. 85-749.)