97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5341

 

Introduced 2/8/2012, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
205 ILCS 510/12

    Amends the Pawnbroker Regulation Act. Removes a provision requiring that property under a hold order released to the custody of a law enforcement officer shall be returned to the pawnbroker upon completion of the criminal investigation. Removes a provision requiring the prosecuting attorney to notify the pawnbroker if property under a hold order may be needed as evidence in a criminal case. Provides that a law enforcement agency shall retain custody of property under a hold order and released by a pawnbroker to the law enforcement agency until the disposition of the case. Provides that, within 15 days after the disposition of the case, if appropriate, the property shall be returned to the owner. Effective immediately.


LRB097 18349 PJG 63575 b

 

 

A BILL FOR

 

HB5341LRB097 18349 PJG 63575 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pawnbroker Regulation Act is amended by
5changing 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
9written legal instrument issued to a pawnbroker by a law
10enforcement officer commissioned by the law enforcement agency
11of the municipality or county that licenses and regulates the
12pawnbroker, ordering the pawnbroker to retain physical
13possession of pledged goods in the possession of the pawnbroker
14or property purchased by and in the possession of the
15pawnbroker and not to return, sell, or otherwise dispose of
16such property as such property is believed to be
17misappropriated goods.
18    (b) Upon written notice from a law enforcement officer
19indicating that property in the possession of a pawnbroker and
20subject to a hold order is needed for the purpose of furthering
21a criminal investigation and prosecution, the pawnbroker shall
22release the property subject to the hold order to the custody
23of the law enforcement officer for such purpose and the officer

 

 

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1shall provide a written acknowledgment that the property has
2been released to the officer. The release of the property to
3the custody of the law enforcement officer shall not be
4considered a waiver or release of the pawnbroker's property
5rights or interest in the property. The law enforcement agency
6shall retain custody of the property until the disposition of
7the case. The prosecuting attorney shall notify the pawnbroker
8and claimant in writing within 15 days after the disposition of
9the case, at which point, if appropriate, the property shall be
10returned to the owner in accordance with Section 9 of this Act.
11Upon completion of the criminal investigation, the property
12shall be returned to the pawnbroker who consented to its
13release ; except that, if the law enforcement officer has not
14completed the criminal investigation within 120 days after its
15release, the officer shall immediately return the property to
16the pawnbroker or obtain and furnish to the pawnbroker a
17warrant for the continued custody of the property.
18    (c) The pawnbroker shall not release or dispose of the
19property except pursuant to a court order or the expiration of
20the holding period of the hold order, including all extensions.
21    In cases where criminal charges have been filed and the
22property may be needed as evidence, the prosecuting attorney
23shall notify the pawnbroker in writing. The notice shall
24contain the case number, the style of the case, and a
25description of the property. The pawnbroker shall hold such
26property until receiving notice of the disposition of the case

 

 

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1from the prosecuting attorney. The prosecuting attorney shall
2notify the pawnbroker and claimant in writing within 15 days
3after the disposition of the case.
4(Source: P.A. 96-1365, eff. 7-28-10.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.