CORRECTIVE REPRINT
PRINTER'S NOS. 2418, 3615 PRINTER'S NO. 3750
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
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 30, 1990
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 8308. 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
1 value of the merchandise as damages.
2 (ii) Award actual damages arising from the incident.
3 Damages under this subparagraph do not include the loss
4 of time or wages incurred by the plaintiff in connection
5 with the apprehension and prosecution of the defendant.
6 (iii) Award REASONABLE attorney fees and REASONABLE <--
7 court costs.
8 (3) Award a civil penalty to the plaintiff in the amount
9 of two times the value of the merchandise or $50, whichever <--
10 is higher. PLUS $150. <--
11 (b) Minors.--If the defendant is a minor, the act of July
12 27, 1967 (P.L.186, No.58), entitled "An act imposing liability
13 upon parents for personal injury, or theft, destruction, or loss
14 of property caused by the willful, tortious acts of children
15 under eighteen years of age, setting forth limitations, and
16 providing procedure for recovery," applies.
17 (c) Criminal disposition.--Criminal prosecution under 18
18 Pa.C.S. § 3929 is not a prerequisite to the applicability of
19 this section.
20 (D) LIMITATIONS.--NO CIVIL ACTION UNDER THIS SECTION MAY BE <--
21 MAINTAINED IF:
22 (1) THE DEFENDANT HAS PAID THE PLAINTIFF A PENALTY EQUAL
23 TO THE RETAIL VALUE OF THE MERCHANDISE, NOT TO EXCEED $500
24 PLUS THE SUM OF $150;
25 (2) THE PLAINTIFF SHALL SEND A NOTICE TO DEFENDANT'S
26 LAST KNOWN ADDRESS; AND
27 (3) THE PLAINTIFF SHALL GIVE THE DEFENDANT 20 DAYS TO
28 RESPOND TO NOTICE BEFORE THE ACTION IS COMMENCED.
29 (E) RELEASE.--IF THE PERSON TO WHOM A WRITTEN DEMAND IS MADE
30 COMPLIES WITH SUCH DEMAND WITHIN 20 DAYS AFTER THE RECEIPT OF
19890H1882B3750 - 2 -
1 THE DEMAND, THAT PERSON SHALL BE GIVEN A WRITTEN RELEASE FROM
2 FURTHER CIVIL LIABILITY WITH RESPECT TO THE SPECIFIC ACT OF
3 RETAIL THEFT.
4 Section 2. This act shall take effect in 60 days.
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