PRINTER'S NO. 2418

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1882 Session of 1989

        INTRODUCED BY KOSINSKI, TRELLO, CORRIGAN, MELIO, LEVDANSKY,
           BATTISTO, PISTELLA, PESCI, BELARDI, MRKONIC, JAROLIN,
           LAUGHLIN, WOGAN AND KENNEY, SEPTEMBER 26, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 1989

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for damages in
     3     actions on retail theft.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 8307.  Damages in actions on retail theft.
     9     (a)  General rule.--In a civil action based on retail theft,
    10  as defined in 18 Pa.C.S. § 3929(a) (relating to retail theft), a
    11  court of competent jurisdiction shall utilize the following
    12  remedies:
    13         (1)  Order the defendant to restore the merchandise to
    14     the plaintiff in its original condition, if possible.
    15         (2)  Award damages as follows:
    16             (i)  If it is not possible to restore the merchandise
    17         in its original condition under paragraph (1), award the
    18         value of the merchandise as damages.

     1             (ii)  Award actual damages arising from the incident.
     2         Damages under this subparagraph do not include the loss
     3         of time or wages incurred by the plaintiff in connection
     4         with the apprehension and prosecution of the defendant.
     5             (iii)  Award attorney fees and court costs.
     6         (3)  Award a civil penalty to the plaintiff in the amount
     7     of two times the value of the merchandise or $50, whichever
     8     is higher.
     9     (b)  Minors.--If the defendant is a minor, the act of July
    10  27, 1967 (P.L.186, No.58), entitled "An act imposing liability
    11  upon parents for personal injury, or theft, destruction, or loss
    12  of property caused by the wilful, tortious acts of children
    13  under eighteen years of age, setting forth limitations, and
    14  providing procedure for recovery," applies.
    15     (c)  Criminal disposition.--Criminal prosecution under 18
    16  Pa.C.S. § 3929 is not a prerequisite to the applicability of
    17  this section.
    18     Section 2.  This act shall take effect in 60 days.








    H4L42JLW/19890H1882B2418         - 2 -