96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0265


 
Introduced 1/23/2009, by Rep. William Davis
 
SYNOPSIS AS INTRODUCED:
 		








  



765 ILCS 1025/17
  from Ch. 141, par. 117







    Amends the Uniform Disposition of Unclaimed Property Act.  Provides that if unclaimed property that may have been used in the commission of a crime or that may assist in the investigation of a crime is delivered to the Treasurer under this Act, the Treasurer after consulting standards developed by the Department of State Police, may transfer that property to the Department of State Police or to another appropriate law enforcement agency.  Provides that any person or entity acting in accordance with these provisions has civil immunity from suit.



















LRB096 03952 AJO 13987 b

















 


 


A BILL FOR









 











HB0265

LRB096 03952 AJO 13987 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Uniform Disposition of Unclaimed Property 
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Act is amended  by changing Section 17 as follows:
 



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    (765 ILCS 1025/17)  (from Ch. 141, par. 117)



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    Sec. 17. (a) All abandoned
property, other than money and 
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that property
exempted by paragraphs (1), (2), (3), (4), and 
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(5), and (6) of this subsection,
delivered to the
State 
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Treasurer under this Act shall be sold within a reasonable time 
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to the
highest bidder at public sale in whatever city in the 
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State affords in his or
her judgment the most favorable market 
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for the property involved. The State
Treasurer may decline the 
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highest bid and reoffer the property for sale if he
or she 
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considers the price bid insufficient.
The State Treasurer may 
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group items for auction as "box lots" if the value
of the 
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individual items makes it impracticable to sell the items

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individually.
He or she need not offer any
property for sale, 
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and may destroy or otherwise dispose of the property, if, in

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his or her opinion, the probable cost of sale exceeds the value 
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of the
property. Securities or commodities received by the 
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Office of the State
Treasurer may be sold by the State 
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Treasurer through a broker or sales agent
suitable for the sale 
 


 






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of the type of securities or commodities being sold.

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        (1) Property which the State Treasurer determines may 
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    have historical
value may be, at his or her discretion, 
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    loaned to a recognized exhibitor in the
United States where 
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    it will be kept until such time as the State Treasurer

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    orders it to be returned to his or her possession.

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        (2) Property returned to the State Treasurer shall be 
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    released to the
rightful owner or otherwise disposed of in 
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    accordance with this Act.  The State
Treasurer shall keep 
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    identifying records of the property so loaned, the name of

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    rightful owner and the owner's last known address, if 
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    available.

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        (3) The Treasurer, in cooperation with the Department 
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    of State Police,
shall
develop a procedure to determine 
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    whether a firearm delivered
to the Treasurer under this Act 
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    has been stolen or used in the commission of a
crime.
The 
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    Department of State Police shall determine
the appropriate 
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    disposition of a firearm that has been stolen or used in 
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    the
commission of a crime. The Treasurer shall attempt to 
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    return a firearm
that has not been stolen or used in the 
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    commission of a crime to the rightful
owner,
provided that 
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    the owner may lawfully possess the firearm as determined by 
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    the
Department of State  Police.

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        If the Treasurer is unable to return a firearm to its 
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    owner, the
Treasurer
shall transfer custody of the firearm 
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    to the Department of State
Police.  Legal title to a firearm 
 


 






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    transferred to the Department of State Police
under this 
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    paragraph (3) is vested in the Department of
State Police 
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    by operation of law:

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            (A) if the Treasurer cannot locate the owner of the 
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        firearm;

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            (B) if the owner of the firearm may not lawfully 
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        possess the firearm;

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            (C) if the owner does not respond to notice 
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        published under Section 12
of
this Act; or

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            (D) if the owner responds to notice published under 
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        Section 12 and
states
that
he or she no longer claims 
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        an interest in the
firearm.

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        With respect to a firearm whose title is transferred to 
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    the Department of
State
Police under this paragraph (3), 
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    that Department
may:

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            (i) retain the firearm for use by the crime 
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        laboratory system, for
training
purposes, or for any 
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        other application as deemed
appropriate by the 
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        Department;

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            (ii) transfer the firearm to the Illinois State 
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        Museum if the firearm
has
historical
value; or

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            (iii) destroy the firearm if it is not retained 
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        pursuant to
subparagraph
(i)
or transferred
pursuant 
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        to subparagraph (ii).

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        (4) If human remains are delivered to the Treasurer 
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    under this Act, the Treasurer shall deliver those human 
 


 






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    remains to the coroner of the county in which the human 
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    remains were abandoned for disposition under Section 
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    3-3034 of the Counties Code. The only human remains that 
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    may be delivered to the Treasurer under this Act and that 
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    the Treasurer may receive are those that are reported and 
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    delivered as contents of a safe deposit box.

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        (5)  If medals awarded to U.S. military personnel are 
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    delivered to the Treasurer under this Act, the Treasurer 
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    shall not offer those medals for sale or at public auction. 
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    The only medals that may be delivered to the Treasurer 
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    under this Act and that the Treasurer may receive are those 
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    that are reported and delivered as contents of a safe 
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    deposit box. Medals shall only be returned to the owner of 
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    the safe deposit box containing the medals or the heirs of 
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    that owner. This paragraph (5) may be referred to as 
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    Operation Search and Restore.
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        (6) If property that may have been used in the 
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    commission of a crime or that may assist in the 
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    investigation of a crime is delivered to the Treasurer 
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    under this Act, the Treasurer may, after consulting 
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    standards developed by the Department of State Police, 
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    transfer that property to the Department of State Police or 
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    another appropriate law enforcement authority. 
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    (b) Any sale held under this Section, except a sale of 
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securities or
commodities, shall be preceded by a single 
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publication of notice thereof, at
least 3 weeks in advance of 
 


 






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sale in an English language newspaper of general
circulation in 
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the county where the property is to be sold.
When property 
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fails to sell and is offered again at a subsequent sale, no

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additional notice is required for the subsequent sale.

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    (c) The purchaser at any sale conducted by the State 
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Treasurer pursuant to
this Act shall receive title to the 
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property purchased, free from all claims of
the owner or prior 
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holder thereof and of all persons claiming through or under

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them. The State Treasurer shall execute all documents necessary 
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to complete the
transfer of title.

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    (d) The Office of the State Treasurer is not liable for any 
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reduction in the
value of property caused by changing market 
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conditions.

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    (e) The State, and all officers or employees of the State, 
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are immune from suit for or on account of any action authorized 
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by this Section. 
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(Source: P.A. 94-422, eff. 8-2-05; 95-829, eff. 8-14-08.)