97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2102

 

Introduced 2/10/2011, by Sen. Dale E. Risinger

 

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 registered non-profit or charitable organization. Effective immediately.


LRB097 10142 AJO 50329 b

 

 

A BILL FOR

 

SB2102LRB097 10142 AJO 50329 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 or charitable
21organization registered in the State of Illinois or transfer
22custody of the property to the government of which his or her
23law enforcement agency is a branch, or if the property is in

 

 

SB2102- 2 -LRB097 10142 AJO 50329 b

1the custody of a State law enforcement agency, it may be
2transferred to the Department of Central Management Services,
3rather than effectuating the sale of the property by public
4auction. Property offered but not sold at such public auction
5may be offered and sold at a subsequent public auction without
6such notice.
7(Source: P.A. 84-505.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.