HB3593eng 95TH GENERAL ASSEMBLY

HB3593 Engrossed LRB095 03846 HLH 23877 b

AN ACT concerning local government.

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

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

(65 ILCS 5/11-1-12 new)

Sec. 11-1-12. Local retail theft ordinance. The corporate authorities of a municipality may, by ordinance, declare retail theft, as defined by the Criminal Code of 1961, to be unlawful. An ordinance enacted under this Section shall not apply to any offense that is considered a felony under the Criminal Code of 1961. An action to enforce an ordinance enacted under this Section shall be brought in the circuit court and shall not be subject to adjudication in any administrative adjudication system that may be established by the municipality. This Section is not a limitation on home rule units.

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

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

Sec. 16A-7. Civil Liability.

(a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b), (c), or (h) of this Code or Section 11-1-12 of the Illinois Municipal Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:

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

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

(iii) attorney's fees and court costs.

(b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the "Parental Responsibility Law", approved October 6, 1969, as now or hereafter amended.

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

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

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

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