Sec. 53a-119a. Shoplifting and library theft; detention, questioning, presumption of crime.
Sec. 53a-119a. Shoplifting and library theft; detention, questioning, presumption of crime. (a) Any owner, authorized agent or authorized employee of a retail mercantile establishment, who observes any person concealing or attempting to conceal
goods displayed for sale therein, or the ownership of such goods, or transporting such
goods from such premises without payment therefor, may question such person as to
his name and address and, if such owner, agent or employee has reasonable grounds to
believe that the person so questioned was then attempting to commit or was committing
larceny of such goods on the premises of such establishment, may detain such person
for a time sufficient to summon a police officer to the premises. Any person so questioned
by such owner, authorized agent or authorized employee pursuant to the provisions of
this section shall promptly identify himself by name and address. No other information
shall be required of such person until a police officer has taken him into custody. For
the purposes of this subsection, "reasonable grounds" shall include knowledge that a
person has concealed unpurchased merchandise of such establishment while on the
premises or has altered or removed identifying labels on such merchandise while on the
premises or is leaving such premises with such unpurchased or concealed or altered
merchandise in his possession.
(b) Whenever an employee or authorized agent of a library facility, as defined in
subdivision (12) of section 53a-119, has reasonable grounds to believe that a person (1)
is removing or is attempting to remove, without authority, a book or other archival
library materials, as defined in said subdivision (12) of section 53a-119, from a library
facility or (2) is intentionally mutilating, defacing or destroying a book or other archival
library materials, such employee or authorized agent may question such person as to
his name and address and may detain such person for a time sufficient to summon a
police officer to the premises. Any person so questioned by such employee or agent
shall promptly identify himself by name and address. For the purposes of this subsection,
reasonable grounds shall include knowledge that a person (A) has concealed a book or
other archival library materials while on the library facility premises or is removing
such book or material from the library facility premises without authority or (B) has
mutilated, defaced or destroyed a book or other archival library materials belonging to
or deposited in a library facility.
(c) In any civil action by a person detained under the provisions of subsection (a)
or (b) of this section against the person so detaining him or the principal or employer
of such person arising out of such questioning or detention by any such owner, agent
or employee, evidence that the defendant had reasonable grounds to believe that the
plaintiff was, at the time in question, committing or attempting to commit larceny or
mutilating, defacing or destroying a book or other archival library materials shall create
a rebuttable presumption that the plaintiff was so committing or attempting to commit
larceny or mutilating, defacing or destroying a book or other archival library materials.
(P.A. 73-617, S. 2; P.A. 84-248, S. 2; P.A. 92-260, S. 50.)
History: P.A. 84-248 inserted new Subsec. (b) authorizing employees or authorized agents of library facilities to detain
and question any person who, on reasonable grounds, is suspected of attempting to commit library theft, relettering former
Subsec. (b) as Subsec. (c), and adding provision re "mutilating, defacing or destroying library books or archival library
materials"; P.A. 92-260 made technical changes in Subsecs. (b) and (c).
Transgression of this statute results in merchants inability to assert statutory privilege in a civil proceeding but does
not require exclusion of evidence in a related criminal prosecution. 39 CS 392.