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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