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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by adding | ||||||
5 | Section 11-1-12 as follows: | ||||||
6 | (65 ILCS 5/11-1-12 new) | ||||||
7 | Sec. 11-1-12. Local retail theft ordinance. The corporate | ||||||
8 | authorities of a municipality may, by ordinance, declare retail | ||||||
9 | theft, as defined by the Criminal Code of 1961, to be unlawful. | ||||||
10 | An ordinance enacted under this Section shall not apply to any | ||||||
11 | offense that is considered a felony under the Criminal Code of | ||||||
12 | 1961. An action to enforce an ordinance enacted under this | ||||||
13 | Section shall be brought in the circuit court and shall not be | ||||||
14 | subject to adjudication in any administrative adjudication | ||||||
15 | system that may be established by the municipality. This | ||||||
16 | Section is not a limitation on home rule units. | ||||||
17 | Section 10. The Criminal Code of 1961 is amended by | ||||||
18 | changing Section 16A-7 as follows:
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19 | (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7)
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20 | Sec. 16A-7. Civil Liability.
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21 | (a) A person who commits the offense of
retail theft as |
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1 | defined in Section 16A-3 paragraphs (a), (b), (c),
or
(h) of | ||||||
2 | this
Code or Section 11-1-12 of the Illinois Municipal Code , | ||||||
3 | shall be civilly liable to the merchant of the merchandise in | ||||||
4 | an amount
consisting of:
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5 | (i) actual damages equal to the full retail value of | ||||||
6 | the merchandise as
defined herein; plus
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7 | (ii) an amount not less than $100 nor more than $1,000; | ||||||
8 | plus
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9 | (iii) attorney's fees and court costs.
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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. Total | ||||||
15 | recovery under this Section shall
not exceed the maximum | ||||||
16 | recovery permitted under Section 5 of the "Parental
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17 | Responsibility Law", approved October 6, 1969, as now or | ||||||
18 | hereafter amended.
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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.
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22 | (d) Judgments arising under this Section may be assigned.
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23 | (Source: P.A. 93-329, eff. 7-24-03.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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