State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



91_SB1027

 
                                              SDS/910011/JDdo

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 16A-5.

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

 5    Section  5.   The  Criminal  Code of 1961 by changing Section
 6    16A-5 as follows:

 7        (720 ILCS 5/16A-5) (from Ch. 38, par. 16A-5)
 8        Sec. 16A-5.  Detention.  Any merchant who has  reasonable
 9    grounds  to  believe that a person has committed retail theft
10    may detain such person, on or off the premises  of  a  retail
11    mercantile  establishment,  in  a reasonable manner and for a
12    reasonable length of time for all or  any  of  the  following
13    purposes:
14        (a)  To request identification;
15        (b)  To verify such identification;
16        (c)  To make reasonable inquiry as to whether such person
17    has  in  his  possession unpurchased merchandise and, to make
18    reasonable   investigation   of   the   ownership   of   such
19    merchandise;
20        (d)  To inform a peace officer of the  detention  of  the
21    person  and  surrender  that person to the custody of a peace
22    officer;
23        (e)  In the case  of  a  minor,  to  immediately  make  a
24    reasonable  attempt  to  inform  a  peace  officer,  and  the
25    parents,  guardian  or other private person interested in the
26    welfare of that minor of  this  detention  and  to  surrender
27    custody of such minor to such person.
28        A  merchant  may make a detention as permitted herein off
29    the premises of a retail  mercantile  establishment  only  if
30    such  detention  is  pursuant to an immediate pursuit of such
31    person.
 
                            -2-               SDS/910011/JDdo
 1        A merchant shall be deemed to have reasonable grounds  to
 2    make  a  detention  for  the  purposes of this Section if the
 3    merchant detains a person because  such  person  has  in  his
 4    possession  either  a  theft  detection shielding device or a
 5    theft detection device remover.
 6    (Source: P.A. 85-749.)

[ Top ]