Rep. Michelle Mussman
Filed: 3/24/2017
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| 1 | AMENDMENT TO HOUSE BILL 1273
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| 2 | AMENDMENT NO. ______. Amend House Bill 1273 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Pawnbroker Regulation Act is amended by | ||||||
| 5 | changing Section 12 as follows: | ||||||
| 6 | (205 ILCS 510/12) | ||||||
| 7 | Sec. 12. Hold order. | ||||||
| 8 | (a) For the purposes of this Section, "hold order" means a | ||||||
| 9 | written legal instrument issued to a pawnbroker by a law | ||||||
| 10 | enforcement officer commissioned by the law enforcement agency | ||||||
| 11 | of the municipality or county that licenses and regulates the | ||||||
| 12 | pawnbroker, ordering the pawnbroker to retain physical | ||||||
| 13 | possession of pledged goods in the possession of the pawnbroker | ||||||
| 14 | or property purchased by and in the possession of the | ||||||
| 15 | pawnbroker and not to return, sell, or otherwise dispose of | ||||||
| 16 | such property as such property is believed to be | ||||||
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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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