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| | HB1273 Engrossed | | LRB100 03006 SMS 13011 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Pawnbroker Regulation Act is amended by |
5 | | changing Sections 9 and 12 as follows:
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6 | | (205 ILCS 510/9) (from Ch. 17, par. 4659)
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7 | | Sec. 9.
No pawnbroker shall purchase or take any article in |
8 | | pawn or pledge from any
person appearing to be intoxicated, nor |
9 | | from
any person known to have been convicted of theft.
A law |
10 | | enforcement officer may provide such criminal conviction |
11 | | information
to a pawnbroker. When any
person is found to be
the |
12 | | owner of stolen property which has been pawned, such property |
13 | | shall be
returned to the owner thereof without the payment of |
14 | | the money advanced by
the pawnbroker thereon or any costs or |
15 | | charges of any kind which the
pawnbroker may have placed upon |
16 | | the same.
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17 | | (Source: P.A. 84-1308.)
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18 | | (205 ILCS 510/12) |
19 | | Sec. 12. Hold order. |
20 | | (a) For the purposes of this Section, "hold order" means a |
21 | | written legal instrument issued to a pawnbroker by a law |
22 | | enforcement officer commissioned by the law enforcement agency |
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1 | | of the municipality or county that licenses and regulates the |
2 | | pawnbroker, ordering the pawnbroker to retain physical |
3 | | possession of pledged goods in the possession of the pawnbroker |
4 | | or property purchased by and in the possession of the |
5 | | pawnbroker and not to return, sell, or otherwise dispose of |
6 | | such property as such property is believed to be |
7 | | misappropriated goods. |
8 | | (b) Upon written notice from a law enforcement officer |
9 | | indicating that property in the possession of a pawnbroker and |
10 | | subject to a hold order is needed for the purpose of furthering |
11 | | a criminal investigation and prosecution, the pawnbroker shall |
12 | | release the property subject to the hold order to the custody |
13 | | of the law enforcement officer for such purpose and the officer |
14 | | shall provide a written acknowledgment that the property has |
15 | | been released to the officer. The release of the property to |
16 | | the custody of the law enforcement officer shall not be |
17 | | considered a waiver or release of the pawnbroker's property |
18 | | rights or interest in the property. Upon completion of the |
19 | | criminal investigation, the property shall be returned to the |
20 | | pawnbroker who consented to its release; except that, if the |
21 | | law enforcement officer at the completion of the criminal |
22 | | investigation is able to determine the property subject to the |
23 | | hold order is stolen property and has identified the owner of |
24 | | the stolen property, the property shall be returned to the |
25 | | owner without the payment of the money advanced by the |
26 | | pawnbroker or any costs or charges of any kind that the |
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1 | | pawnbroker may have placed upon the same. In the event that the |
2 | | law enforcement officer has not completed the criminal |
3 | | investigation within 120 days after its release, the officer |
4 | | shall immediately return the property to the pawnbroker or |
5 | | obtain and furnish to the pawnbroker a warrant for the |
6 | | continued custody of the property. Once the hold order expires |
7 | | without an extension by court order or is rescinded, title to |
8 | | the property shall vest in and be deemed conveyed by operation |
9 | | of law to the pawnbroker, free of any liability for claims, but |
10 | | subject to any restrictions contained in the pawn transaction |
11 | | contract and subject to the provisions of this Section. |
12 | | The pawnbroker shall not release or dispose of the property |
13 | | except pursuant to a court order or the expiration of the |
14 | | holding period of the hold order, including all extensions. |
15 | | In cases where criminal charges have been filed and the |
16 | | property may be needed as evidence, the prosecuting attorney |
17 | | shall notify the pawnbroker in writing. The notice shall |
18 | | contain the case number, the style of the case, and a |
19 | | description of the property. The pawnbroker shall hold such |
20 | | property until receiving notice of the disposition of the case |
21 | | from the prosecuting attorney. The prosecuting attorney shall |
22 | | notify the pawnbroker and claimant in writing within 15 days |
23 | | after the disposition of the case.
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24 | | (c) A hold order must specify: |
25 | | (1) the name and address of the pawnbroker; |
26 | | (2) the name, title, and identification number of the |
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1 | | law enforcement officer placing the hold order or the court |
2 | | placing the hold order; |
3 | | (3) a complete description of the property to be held, |
4 | | including model number and serial number, if applicable; |
5 | | (4) the name of the person reporting the property to be |
6 | | misappropriated unless otherwise prohibited by law; |
7 | | (5) the mailing address of the pawnbroker where the |
8 | | property is held; and |
9 | | (6) the expiration date of the holding period. |
10 | | (d) The pawnbroker or the pawnbroker's representative must |
11 | | sign and date a copy of the hold order as evidence of receipt |
12 | | of the hold order and the beginning of the 90-day holding |
13 | | period. |
14 | | (Source: P.A. 96-1365, eff. 7-28-10.)
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