97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1881

 

Introduced , by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 1030/3  from Ch. 141, par. 143

    Amends the Law Enforcement Disposition of Property Act. Provides that if there is property in the custody of a law enforcement agency whose ownership has been unascertained for at least 6 months, a sheriff, police chief, or principal law enforcement official, who determines that the public interest would be served, may donate the property to a non-profit charity or transfer the property to the local government of which the official is a part or to the State (instead of transfer the property to the local government of which the official is a part or to the State). Effective immediately.


LRB097 07044 AJO 47137 b

 

 

A BILL FOR

 

HB1881LRB097 07044 AJO 47137 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Law Enforcement Disposition of Property Act
5is amended by changing Section 3 as follows:
 
6    (765 ILCS 1030/3)  (from Ch. 141, par. 143)
7    Sec. 3. If the identity or location of the owner or other
8person entitled to possession of the property has not been
9ascertained within 6 months after the police department or
10other law enforcement agency obtains such possession, the
11sheriff, chief of police or other principal official thereof
12shall effectuate the sale of the property for cash to the
13highest bidder at a public auction, notice of which (including
14time, place and a brief description of such property) shall be
15published at least once in a newspaper of general circulation
16in the county wherein such official has authority at least 10
17days prior to such auction. However, if the sheriff, chief of
18police, or other principal law enforcement official determines
19that the interests of the public would best be served thereby,
20he or she may donate the property to a non-profit charitable
21organization, transfer custody of the property to the
22government of which his or her law enforcement agency is a
23branch, or if the property is in the custody of a State law

 

 

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1enforcement agency, it may be transferred to the Department of
2Central Management Services, rather than effectuating the sale
3of the property by public auction. Property offered but not
4sold at such public auction may be offered and sold at a
5subsequent public auction without such notice.
6(Source: P.A. 84-505.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.