Chapter 576

2006 -- S 2325

Enacted 07/14/06

 

A N  A C T

RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, AND

MISAPPROPRIATIONS

          

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 02, 2006

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 11-41-28 of the General Laws in Chapter 11-41 entitled "Theft,

Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

 

     11-41-28. Civil restitution for shoplifting. -- (a) An adult or emancipated minor who

commits or attempts to commit a larceny of goods for sale on the premises of a merchant as set

forth in section 11-41-20 shall be civilly liable to the merchant in an amount consisting of:

      (1) Not more than three (3) times the full retail value of the merchandise if not recovered

in merchantable condition; plus

      (2) A penalty of not less more than one hundred dollars ($100) nor more than five

hundred dollars ($500); plus

      (3) Court costs.

      (b) A store employee shall be liable in a civil action for larceny of goods for sale on the

premises of his or her merchant employer and for larceny of cash from the merchant. The civil

liability to the merchant shall be in the amount consisting of:

      (1) Not more than three (3) times the full value of the goods or cash; plus

      (2) A penalty assessed of not less more than one hundred dollars ($100) nor more than

five hundred dollars ($500); plus

      (3) Court costs.

      (c) A conviction or a plea of guilty to the offense of shoplifting is not a prerequisite to

the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this section.

      (d) The fact that a merchant may bring action against an individual as provided in this

section shall not limit the right of the merchant to demand, orally or in writing, that a person who

is liable for damages and penalties under this section remit the damages and penalties prior to the

consideration of the commencement of any legal action.

      (e) An action for recovery of damages and penalties under this section may be brought in

any court of competent jurisdiction, including the small claims court of a district court, if the total

damages do not exceed the jurisdictional limit of the small claims court.

      (f) The provisions of this section shall not be construed to prohibit or limit any other

course of action permitted by law which a merchant may have against a person who unlawfully

takes merchandise from the merchant's premise.

      (g) If the person to whom a written demand is made complies with the demand within

twenty (20) days after the receipt of the demand, that person shall be given a written release from

further civil liability with respect to the specific act of retail theft.; provided, that written demand

shall not include penalties.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01337

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