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1 | | misappropriated goods. |
2 | | (b) Upon written notice from a law enforcement officer |
3 | | indicating that property in the possession of a pawnbroker and |
4 | | subject to a hold order is needed for the purpose of furthering |
5 | | a criminal investigation and prosecution, the pawnbroker shall |
6 | | release the property subject to the hold order to the custody |
7 | | of the law enforcement officer for such purpose and the officer |
8 | | shall provide a written acknowledgment that the property has |
9 | | been released to the officer. The release of the property to |
10 | | the custody of the law enforcement officer shall not be |
11 | | considered a waiver or release of the pawnbroker's property |
12 | | rights or interest in the property. Upon completion of the |
13 | | criminal investigation, the property shall be returned to the |
14 | | pawnbroker who consented to its release; except that, if the |
15 | | law enforcement officer has not completed the criminal |
16 | | investigation within 120 days after its release, the officer |
17 | | shall immediately return the property to the pawnbroker or |
18 | | obtain and furnish to the pawnbroker a warrant for the |
19 | | continued custody of the property. If, when a piece of property |
20 | | subject to a hold order is relinquished by a pawnbroker to a |
21 | | law enforcement officer upon written notice from a law |
22 | | enforcement officer that the property is needed for the purpose |
23 | | of furthering a criminal investigation, it is discovered during |
24 | | the pendency of such criminal investigation that the property |
25 | | was stolen and the owner is identified, then the property shall |
26 | | be returned to the owner thereof without the payment of the |
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1 | | money advanced by the pawnbroker thereon or any costs or |
2 | | charges of any kind that the pawnbroker may have placed upon |
3 | | the same, in accordance with Section 9 of this Act. |
4 | | The pawnbroker shall not release or dispose of the property |
5 | | except pursuant to a court order or the expiration of the |
6 | | holding period of the hold order, including all extensions. |
7 | | In cases where criminal charges have been filed and the |
8 | | property may be needed as evidence, the prosecuting attorney |
9 | | shall notify the pawnbroker in writing. The notice shall |
10 | | contain the case number, the style of the case, and a |
11 | | description of the property. The pawnbroker shall hold such |
12 | | property until receiving notice of the disposition of the case |
13 | | from the prosecuting attorney. The prosecuting attorney shall |
14 | | notify the pawnbroker and claimant in writing within 15 days |
15 | | after the disposition of the case.
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16 | | (Source: P.A. 96-1365, eff. 7-28-10.)".
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