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.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Section 11-1-12 as follows:
 
6    (65 ILCS 5/11-1-12 new)
7    Sec. 11-1-12. Local retail theft ordinance. The corporate
8authorities of a municipality may, by ordinance, declare retail
9theft, as defined by the Criminal Code of 1961, to be unlawful.
10An ordinance enacted under this Section shall not apply to any
11offense of retail theft exceeding $150. Any ordinance enacted
12under this Section shall only apply to first time offenders
13that have not previously been convicted of theft, robbery,
14burglary, or home invasion under the Criminal Code of 1961. An
15action to enforce an ordinance enacted under this Section shall
16be brought in the circuit court and shall not be subject to
17adjudication in any administrative adjudication system that
18may be established by the municipality. Any offense charged
19under this ordinance shall be reported to the State's Attorney
20in the jurisdiction where the municipality lies within 10 days
21after the offense has been charged. This Section is not a
22limitation on home rule units.
 

 

 

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1    Section 10. The Criminal Code of 1961 is amended by
2changing Section 16A-7 as follows:
 
3    (720 ILCS 5/16A-7)  (from Ch. 38, par. 16A-7)
4    Sec. 16A-7. Civil Liability.
5    (a) A person who commits the offense of retail theft as
6defined in Section 16A-3 paragraphs (a), (b), (c), or (h) of
7this Code or Section 11-1-12 of the Illinois Municipal Code,
8shall be civilly liable to the merchant of the merchandise in
9an amount consisting of:
10        (i) actual damages equal to the full retail value of
11    the merchandise as defined herein; plus
12        (ii) an amount not less than $100 nor more than $1,000;
13    plus
14        (iii) attorney's fees and court costs.
15    (b) If a minor commits the offense of retail theft, the
16parents or guardian of said minor shall be civilly liable as
17provided in this Section; provided, however that a guardian
18appointed pursuant to the Juvenile Court Act or the Juvenile
19Court Act of 1987 shall not be liable under this Section. Total
20recovery under this Section shall not exceed the maximum
21recovery permitted under Section 5 of the "Parental
22Responsibility Law", approved October 6, 1969, as now or
23hereafter amended.
24    (c) A conviction or a plea of guilty to the offense of
25retail theft is not a prerequisite to the bringing of a civil

 

 

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1suit hereunder.
2    (d) Judgments arising under this Section may be assigned.
3(Source: P.A. 93-329, eff. 7-24-03.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.