Rep. Michelle Mussman
Filed: 3/5/2019
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1 | AMENDMENT TO HOUSE BILL 1438
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2 | AMENDMENT NO. ______. Amend House Bill 1438 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 at the completion of the criminal | ||||||
16 | investigation is able to determine the property subject to the | ||||||
17 | hold order is stolen property and has identified the owner of | ||||||
18 | the stolen property, the property shall be returned to the | ||||||
19 | owner without the payment of the money advanced by the | ||||||
20 | pawnbroker or any costs or charges of any kind that the | ||||||
21 | pawnbroker may have placed upon the same. If the law | ||||||
22 | enforcement officer has not completed the criminal | ||||||
23 | investigation within 120 days after its release, the officer | ||||||
24 | shall immediately return the property to the pawnbroker or | ||||||
25 | obtain and furnish to the pawnbroker a warrant for the | ||||||
26 | continued custody of the property. |
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1 | The pawnbroker shall not release or dispose of the property | ||||||
2 | except pursuant to a court order or the expiration of the | ||||||
3 | holding period of the hold order, including all extensions. | ||||||
4 | In cases where criminal charges have been filed and the | ||||||
5 | property may be needed as evidence, the prosecuting attorney | ||||||
6 | shall notify the pawnbroker in writing. The notice shall | ||||||
7 | contain the case number, the style of the case, and a | ||||||
8 | description of the property. The pawnbroker shall hold such | ||||||
9 | property until receiving notice of the disposition of the case | ||||||
10 | from the prosecuting attorney. The prosecuting attorney shall | ||||||
11 | notify the pawnbroker and claimant in writing within 15 days | ||||||
12 | after the disposition of the case.
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13 | Nothing in this Section alters the pawnbroker's | ||||||
14 | obligations to the owner of property as detailed in Section 9 | ||||||
15 | or as provided in any other applicable federal or State law. | ||||||
16 | (c) A hold order must specify: | ||||||
17 | (1) the name and address of the pawnbroker; | ||||||
18 | (2) the name, title, and identification number of the | ||||||
19 | law enforcement officer placing the hold order or the court | ||||||
20 | placing the hold order; | ||||||
21 | (3) a complete description of the property to be held, | ||||||
22 | including model number and serial number, if applicable; | ||||||
23 | (4) the name of the person reporting the property to be | ||||||
24 | misappropriated unless otherwise prohibited by law; | ||||||
25 | (5) the mailing address of the pawnbroker where the | ||||||
26 | property is held; and |
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1 | (6) the expiration date of the holding period. | ||||||
2 | (d) The pawnbroker or the pawnbroker's representative must | ||||||
3 | sign and date a copy of the hold order as evidence of receipt | ||||||
4 | of the hold order and the beginning of the 120-day holding | ||||||
5 | period. | ||||||
6 | (Source: P.A. 96-1365, eff. 7-28-10.)".
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