Illinois § 16-25.2

§ 16-25.2.

Retail loss prevention report and notice requirements. (a) A retail mercantile establishment that is a victim of a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall have the right: (1) to timely notification of all court proceedings as defined under subsection (e) of Section 3 of the Rights of Crime Victims and Witnesses Act. Timely notice shall include 7 days' notice of any court proceedings. Timely notice shall be sent to the location of the retail mercantile establishment where the violation occurred and to the point of contact as provided by the retail mercantile establishment. The point of contact may be any employee of the retail mercantile establishment or representative as provided by the retail mercantile establishment; (2) to communicate with the prosecution; (3) to be reasonably heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing; (4) to be notified of the conviction, the sentence, the imprisonment, and the release of the accused; and (5) to have present at all court proceedings subject to the rules of evidence an advocate of the retail mercantile establishment's choice. (b) Unless a retail mercantile establishment refuses to file a report regarding the incident, the law enforcement agency having jurisdiction shall file a report concerning the incident with the State's Attorney. No law enforcement agent shall discourage or attempt to discourage a retail mercantile establishment from filing a police report concerning the incident. Upon the request of the retail mercantile establishment, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the incident, as soon as practicable, but in no event later than 5 business days after the request. The Illinois Law Enforcement Training Standards Board shall not consider any allegation of a violation of this subsection that is contained in a complaint made under Section 1-35 of the Police and Community Relations Improvement Act. (Source: P.A. 102-757, eff. 5-13-22.) (Text of Section after amendment by P.A. 104-173) Sec. 16-25.2. Retail loss prevention report and notice requirements. (a) A retail mercantile establishment that is a victim of a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall have the right: (1) to timely notification of all court proceedings. Timely notice shall include 7 days' notice of any court proceedings. Timely notice shall be sent to the location of the retail mercantile establishment where the violation occurred and to the point of contact as provided by the retail mercantile establishment. The point of contact may be any employee of the retail mercantile establishment or representative as provided by the retail mercantile establishment; (2) to communicate with the prosecution; (3) to be reasonably heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing; (4) to be notified of the conviction, the sentence, the imprisonment, and the release of the accused; and (5) to have present at all court proceedings subject to the rules of evidence an advocate of the retail mercantile establishment's choice. (b) Unless a retail mercantile establishment refuses to file a report regarding the incident, the law enforcement agency having jurisdiction shall file a report concerning the incident with the State's Attorney. No law enforcement agent shall discourage or attempt to discourage a retail mercantile establishment from filing a police report concerning the incident. Upon the request of the retail mercantile establishment, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the incident, as soon as practicable, but in no event later than 5 business days after the request. The Illinois Law Enforcement Training Standards Board shall not consider any allegation of a violation of this subsection that is contained in a complaint made under Section 1-35 of the Police and Community Relations Improvement Act. (c) For purposes of this Section, "court proceeding" means the preliminary hearing; any post-arraignment hearing the effect of which may be the release of the defendant from custody or to alter the conditions of pretrial release; the trial; the sentencing; any oral argument or hearing before an Illinois appellate court; any hearing for conditional release; any hearing related to a modification of sentence; any probation revocation hearing; any aftercare release or parole hearing; any post-conviction relief proceeding; and any habeas corpus proceeding. (Source: P.A. 104-173, eff. 1-1-26.)