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91_SB1455
LRB9108068RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 16A-7.
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-7 as follows:
7 (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7)
8 Sec. 16A-7. Civil Liability. (a) A person who commits
9 the offense of retail theft as defined in Section 16A-3
10 paragraphs (a), (b) or (c) of this Code, shall be civilly
11 liable to the merchant of the merchandise in an amount
12 consisting of:
13 (i) actual damages equal to the full retail value of the
14 merchandise as defined herein; plus
15 (ii) an amount not less than $100 nor more than $1,000;
16 plus
17 (iii) attorney's fees and court costs.
18 (b) If a minor commits the offense of retail theft, the
19 parents or guardian of said minor shall be civilly liable as
20 provided in this Section; provided, however that a guardian
21 appointed pursuant to the Juvenile Court Act or the Juvenile
22 Court Act of 1987 shall not be liable under this Section.
23 Total recovery under this Section shall not exceed the
24 maximum recovery permitted under Section 5 of the "Parental
25 Responsibility Law", approved October 6, 1969, as now or
26 hereafter amended.
27 (c) A conviction or a plea of guilty to the offense of
28 retail theft is not a prerequisite to the bringing of a civil
29 suit hereunder.
30 (d) Judgments arising under this Section may be
31 assigned.
-2- LRB9108068RCks
1 (e) A merchant may seek immediate restitution from the
2 person who commits the offense of retail theft, but only with
3 the informed consent of the person who commits the offense of
4 retail theft.
5 (Source: P.A. 85-1209.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.