act-1990-0-141•Pennsylvania Act 1990-141 — JUDICIAL CODE (42 PA.C.S.) - AMEND DAMAGES IN ACTIONS ON RETAIL
Pennsylvania Act 1990-141 — JUDICIAL CODE (42 PA.C.S.) - AMEND DAMAGES IN ACTIONS ON RETAIL
act-1990-0-1411990 Pa. Act 141Law
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
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