SENATE AMENDED
PRINTER'S NOS. 2418, 3615, 3750 PRINTER'S NO. 4089
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
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 25, 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 § 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 the value of the merchandise plus $150.
10 (b) Minors.--If the defendant is a minor, the act of July
11 27, 1967 (P.L.186, No.58), entitled "An act imposing liability
12 upon parents for personal injury, or theft, destruction, or loss
13 of property caused by the willful, tortious acts of children
14 under eighteen years of age, setting forth limitations, and
15 providing procedure for recovery," applies.
16 (c) Criminal disposition.--Criminal prosecution under 18
17 Pa.C.S. § 3929 is not a prerequisite to the applicability of
18 this section.
19 (d) Limitations.--No civil action under this section may be <--
20 (1) NO CIVIL ACTION UNDER THIS SECTION MAY BE maintained <--
21 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 THE defendant's <--
26 last known address; and <--
27 (3) the plaintiff shall give GIVING the defendant 20 <--
28 days to 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
19890H1882B4089 - 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.
H4L42JLW/19890H1882B4089 - 3 -