Pennsylvania Act 1990-141 — JUDICIAL CODE (42 PA.C.S.) - AMEND DAMAGES IN ACTIONS ON RETAIL

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND DAMAGES IN ACTIONS ON RETAIL
                 Act of Nov. 21, 1990, P.L. 563, No. 141              Cl. 42
                             Session of 1990
                               No. 1990-141

                                  AN ACT

     HB 1882

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

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8308.  Damages in actions on retail theft.
        (a)  General rule.--In a civil action based on retail theft,
     as defined in 18 Pa.C.S. § 3929(a) (relating to retail theft), a
     court of competent jurisdiction shall utilize the following
     remedies:
            (1)  Order the defendant to restore the merchandise to
        the plaintiff in its original condition, if possible.
            (2)  Award damages as follows:
                (i)  If it is not possible to restore the merchandise
            in its original condition under paragraph (1), award the
            value of the merchandise as damages.
                (ii)  Award actual damages arising from the incident.
            Damages under this subparagraph do not include the loss
            of time or wages incurred by the plaintiff in connection
            with the apprehension and prosecution of the defendant.
                (iii)  Award reasonable attorney fees and reasonable
            court costs.
            (3)  Award a civil penalty to the plaintiff in the amount
        of the value of the merchandise plus $150.
        (b)  Minors.--If the defendant is a minor, the act of July
     27, 1967 (P.L.186, No.58), entitled "An act imposing liability
     upon parents for personal injury, or theft, destruction, or loss
     of property caused by the willful, tortious acts of children
     under eighteen years of age, setting forth limitations, and
     providing procedure for recovery," applies.
        (c)  Criminal disposition.--Criminal prosecution under 18
     Pa.C.S. § 3929 is not a prerequisite to the applicability of
     this section.
        (d)  Limitations.--
            (1)  The plaintiff shall send a notice to the defendant's
        last known address giving the defendant 20 days to respond
        before a civil action may be commenced.
            (2)  No civil action under this section may be maintained
        if the defendant has paid the plaintiff a penalty equal to
        the retail value of the merchandise, not to exceed $500, plus
        the sum of $150.
        (e)  Release.--If the person to whom a written demand is made
     complies with such demand within 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.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 21st day of November, A. D. 1990.

     ROBERT P. CASEY