94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0940


 
Introduced 2/2/2005, by Rep. Sidney H. Mathias
 
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 a municipality may enact a retail theft ordinance for the retail theft of property with a value of
$500 or less.  Requires that citations issued under the retail theft ordinance be adjudicated in a court of law. Prohibits adjudication of those citations in any administrative adjudication system of the municipality. Amends the Criminal Code of 1961 to apply the civil liabilities for the offense of retail theft to persons who violate a municipal retail theft ordinance. Effective immediately.















LRB094 04279 MKM 34304 b

















 


 


A BILL FOR









 











HB0940

LRB094 04279 MKM 34304 b






1
    AN ACT concerning local government. 

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


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


 
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    (65 ILCS 5/11-1-12 new)

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    Sec. 11-1-12. Local retail theft ordinance.

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    (a) The corporate authorities of
a
municipality may, by 
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ordinance, declare retail theft, as defined by the
Criminal 
10
Code of
1961, to be unlawful.  The ordinance, however, shall not 
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apply to any individual
who has
previously been convicted of 
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any type of theft, robbery, armed robbery,
burglary,

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residential burglary, possession of burglary tools, or home 
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invasion, or in any
case where
the theft is of property with a 
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full retail value in excess of $500.

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    (b) Citations issued for a violation of a retail theft 
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ordinance shall be adjudicated in a court of law and shall not 
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be subject to adjudication in any administrative adjudication 
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system of the municipality.

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



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


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    Sec. 16A-7. Civil Liability. 

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    (a) A person who commits the offense of
retail theft as 
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defined in Section 16A-3 paragraphs (a), (b), (c),
or
(h) of 
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this
Code or Section 11-1-2 of the Illinois Municipal Code, 
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shall be civilly liable to the merchant of the merchandise in 
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an amount
consisting of:


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


 


 






HB0940
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LRB094 04279 MKM 34304 b




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


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        (iii) attorney's fees and court costs.

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    (b) If a minor commits the offense of retail theft, the 
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parents or guardian
of said minor shall be civilly liable as 
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provided in this Section; provided,
however that a guardian 
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appointed pursuant to the Juvenile Court Act
or the Juvenile 
8
Court Act of 1987 shall
not be liable under this Section.  Total 
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recovery under this Section shall
not exceed the maximum 
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recovery permitted under Section 5 of the "Parental

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Responsibility Law", approved October 6, 1969, as now or 
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hereafter amended.

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

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

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



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