It is the public policy of this City that the substantial burden
placed upon the economy of this City resulting from the rising incidents
of retail theft is a matter of grave concern to the people of this
City, who have a right to be protected in their health, safety and
welfare from the effects of this crime.
For the purpose of this article, the words and phrases defined
in this section have the meanings ascribed to them in this section
unless a contrary meaning is clear from the context:
To conceal merchandise means that, although there may be
some notice of its presence, that merchandise is not visible through
ordinary observation.
The merchant's stated or advertised price of the merchandise.
Any item of tangible personal property.
An owner or operator of any retail mercantile establishment
or any agent, consignee, officer, director, franchisee or independent
contractor of such owner or operator.
A person who is less than 19 years of age, is unemancipated
and resides with his parents or legal guardian.
Any person who, by virtue of his office or public employment,
is vested by law with a duty to maintain public order or to make arrests
for offenses, whether that duty extends to all offenses or is limited
to specific offenses.
An individual, public, or private corporation, government,
partnership, or unincorporated association.
Includes, but is not limited to, the retail mercantile establishment;
any common-use areas in shopping centers and all parking areas set
aside by a merchant or on behalf of a merchant for the parking of
vehicles for convenience of the patrons of such retail mercantile
establishment.
Any place where merchandise is displayed, held, stored or
offered for sale to the public.
Those push carts of a type or types which are commonly provided
by grocery stores, drugstores or other retail mercantile establishments
for the use of the public in transporting commodities in stores and
markets and, incidentally, from the stores to a place outside the
store.
To cause the cash register or other sales recording devices
to reflect less than the full retail value of the merchandise.
A person commits the offense of retail theft when he knowingly:
A.
Takes possession of, carries away, transfers or causes to be carried
away or transferred any merchandise displayed, held, stored or offered
for sale in the retail mercantile establishment with the intention
of retaining such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of such merchandise
without paying the full retail value of such merchandise; or
B.
Alters, transfers, or removes any label, price tag, marking, indicia
of value or any other markings which aid in determining the value
affixed to any merchandise displayed, held, stored or offered for
sale in a retail mercantile establishment and attempts to purchase
such merchandise personally or in consort with another at less than
the full retail value with the intention of depriving the merchant
of the full retail value of such merchandise; or
C.
Transfers any merchandise displayed, held, stored or offered for
sale in a retail mercantile establishment from the container in or
on which such merchandise is displayed to any other container with
the intention of depriving the merchant of the full retail value of
such merchandise; or
D.
Under-rings with the intention of depriving the merchant of the full
retail value of the merchandise; or
E.
Removes the shopping cart from the premises of a retail mercantile
establishment without the consent of the merchant given at the time
of such removal, with the intention of depriving the merchant permanently
of the possession, use or benefit of such cart; or
F.
Represents to a merchant that he, she, or another is the lawful owner
of property, knowing that such representation is false, and conveys
or attempts to convey that property to a merchant who is the owner
of the property in exchange for money, merchandise credit or other
property of the merchant; or[1]
G.
Uses or possesses any theft detection shielding device or theft detection
device remover with the intention of using such device to deprive
the merchant permanently of the possession, use or benefit of any
merchandise displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail value of such
merchandise; or[2]
H.
Obtains or exerts unauthorized control over property of the owner
and thereby intends to deprive the owner permanently of the use or
benefit of the property when a lessee of the personal property of
another fails to return it to the owner, or if the lessee fails to
pay the full retail value of such property to the lessor in satisfaction
of any contractual provision requiring such, within 10 days after
written demand from the owner for its return. A notice in writing,
given after the expiration of the leasing agreement, by registered
mail, to the lessee at the address given by the lessee and shown on
the leasing agreement shall constitute proper demand.[3]
If any person conceals upon his person or among his belongings
unpurchased merchandise displayed, held, stored or offered for sale
in a retail mercantile establishment, and removes that merchandise
beyond the last known station for receiving payment for that merchandise
in that retail mercantile establishment, such person shall be presumed
to have possessed, carried away or transferred such merchandise with
the intention of retaining it or with the intention of depriving the
merchant permanently of the possession, use or benefit of such merchandise
without paying the full retail value of such merchandise.
A.
Any merchant who has reasonable grounds to believe that a person
has committed retail theft may detain such person, on or off the premises
of a retail mercantile establishment, in a reasonable manner and for
a reasonable length of time for all or any of the following purposes:
(1)
To request identification.
(2)
To verify such identification.
(3)
To make reasonable inquiry as to whether such person has in his possession
unpurchased merchandise and to make reasonable investigation of the
ownership of such merchandise.
(4)
To inform a peace officer of the detention of the person and surrender
that person to the custody of a peace officer.
B.
A merchant may make a detention as permitted herein off the premises
of a retail mercantile establishment only if such detention is pursuant
to an immediate pursuit of such person.
A detention as permitted in this article does not constitute
an arrest or an unlawful restraint nor shall it render the merchant
liable to the person so detained. A merchant shall be deemed to have
reasonable grounds to make a detention for the purposes of this article
if the merchant detains a person because such person has in his or
her possession either a theft detection shielding device or a theft
detection device remover.
The parents or legal guardian of a minor who commits the offense
of retail theft as herein defined shall be civilly liable for actual
damages equal to the full retail value of the merchandise; plus an
amount not less than $100 nor more than $1,000; plus attorney's fees
and costs, provided that the actual damages shall not exceed the limitations
provided for in Section 5 of the Parental Responsibility Law (740
ILCS 115/5), as now existing or hereinafter amended. A conviction
or plea of guilty of retail theft is not a prerequisite to the bringing
of a civil suit hereunder. Recovery under this section may be had
in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for tortious
conduct of a minor.
