Sec. 16-26. Detention; affirmative defense.

314 words·~1 min read·/il/chapter-720/act-5/16-26

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain the 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;

(5)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.

A merchant may make a detention as permitted in this Section off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section 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.

(b)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 this Code, nor shall it render the merchant liable to the person so detained.

(c)For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.