Public Act 93-0329

HB0405 Enrolled                      LRB093 03337 RLC 03355 b

    AN ACT in relation to criminal law.

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

    Section   5.   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), or (c), or (h) of this  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. 85-1209.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.