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91_SB1121
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.)