A. Village Policy: It is the public policy of the village that the substantial burden placed upon the economy of the village resulting from the rising incidence of retail theft is a matter of grave concern to the people of the village who have a right to be protected in their health, safety and welfare from the effects of this crime.
B. Definitions: For the purpose of this section, the words and phrases defined herein have the meanings ascribed to them in this subsection unless a contrary meaning is clear from the context:
CONCEAL: To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
FULL RETAIL VALUE: That merchant's stated or advertised price of the merchandise.
MERCHANDISE: Any item of tangible personal property.
MERCHANT: An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
MINOR: A person who is less than nineteen (19) years of age, is unemancipated and resides with his parents or legal guardian.
PEACE OFFICER: Has the meaning ascribed to that term in section 2-13 of the Illinois criminal code, 720 Illinois Compiled Statutes 5/2-13.
PERSON: Any natural person or individual who has attained the age of thirteen (13) years or more.
PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT: 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 on or behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
RETAIL MERCANTILE ESTABLISHMENT: Any place where merchandise is displayed, held, stored or offered for sale to the public.
SHOPPING CART: Those pushcarts of the 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.
UNDER RING: To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
C. Offense: A person commits the offense of retail theft when he or she knowingly:
1. Takes possession of, carries away, transfers, or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a 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
2. Alters, transfers, or removes any label, price tag, marking, indication of value or any other markings which aid in determining 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
3. 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
4. Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or
5. Removes a 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.
D. Presumptions: If any person conceals upon his or her person or among his or her 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 payments 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.
E. Detention:
1. 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:
a. To request identification;
b. To verify such identification;
c. 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; (1983 Code § 8-3-8)
d. To inform a peace officer of the detention of the person and surrender the person to the custody of a peace officer. In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention, and to surrender custody of such minor to such person. (1983 Code § 8-3-8; amd. 2011 Code)
2. 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. (1983 Code § 8-3-8)
F. Affirmative Defense: A detention as permitted in this section does not constitute an arrest or an unlawful restraint, as defined in section 10-3 of the Illinois criminal code, 720 Illinois Compiled Statutes 5/10-3, nor shall it render the merchant liable to the person so detained.
G. Responsibility Of Parent Or Guardian: If a minor commits the offense of retail theft, as herein defined, the parents or guardian of said minor shall be civilly liable as provided in this subsection; provided, however, that a guardian appointed pursuant to the juvenile court act 1 shall not be liable under this subsection. Total recovery under this subsection shall not exceed the maximum recovery permitted under section 5 of the "parental responsibility law", approved October 6, 1969, as now or hereafter amended, being 740 Illinois Compiled Statutes 115/5.
H. Fines And No Contest Procedures: See section 1-4B-1 of this code for fines for violation of this section and title 1, chapter 4, article C of this code for no contest procedures. (1983 Code § 8-3-8; amd. 2011 Code)
Notes
| 1 | 1. 705 ILCS 405/1-1 et seq. |