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2012 SESSION
HB 961 Shoplifting and employee theft; merchant allowed to recover damages under certain circumstances.
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Shoplifting and employee theft; civil action. Provides that a civil action for shoplifting or employee theft may be initiated or maintained by a merchant even though a criminal action for the same conduct has been initiated; however, such civil action may not be initiated during the pendency of a criminal prosecution based on the same allegations of fact. A merchant may not recover more than the value of the merchandise, or more than the unpaid retail value of the merchandise if it is not recovered in a merchantable condition, for the same loss if both criminal and civil actions are initiated. However, a merchant may still recover any damages in excess of such value allowed by statute even if a criminal action is initiated.
SUMMARY AS PASSED HOUSE:
Shoplifting and employee theft; civil action. Provides that a civil action for shoplifting or employee theft may be initiated or maintained by a merchant even though a criminal action for the same conduct has been initiated. A merchant may not recover the value of the merchandise, or the unpaid retail value of the merchandise if it is not recovered in a merchantable condition, more than once for the same loss if both criminal and civil actions are initiated. However, a merchant may still recover any damages in excess of such value allowed by statute even if a criminal action is initiated.
SUMMARY AS INTRODUCED:
Shoplifting and employee theft; civil action. Provides that a civil action for shoplifting or employee theft may be initiated or maintained by a merchant even though a criminal action for the same conduct has been initiated. A merchant may not recover more than once for the same loss if both criminal and civil actions are initiated.