State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB1121enr

 
SB1121 Enrolled                               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  is  amended  by
 6    changing Section 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,  the  parents,
25    guardian or other private person interested in the welfare of
26    that  minor  and,  at  the  merchant's  discretion,  a  peace
27    officer,  of this detention and to surrender  custody of such
28    minor to such person.
29        A  merchant  may make a detention as permitted herein off
30    the premises of a retail  mercantile  establishment  only  if
31    such  detention  is  pursuant to an immediate pursuit of such
 
SB1121 Enrolled             -2-               SDS/910011/JDdo
 1    person.
 2        A merchant shall be deemed to have reasonable grounds  to
 3    make  a  detention  for  the  purposes of this Section if the
 4    merchant detains a person because  such  person  has  in  his
 5    possession  either  a  theft  detection shielding device or a
 6    theft detection device remover.
 7    (Source: P.A. 85-749.)

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