Sen. Don Harmon

Filed: 5/17/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2488

2    AMENDMENT NO. ______. Amend House Bill 2488 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Pawnbroker Regulation Act is amended by
5changing Sections 9, 10, and 12 as follows:
 
6    (205 ILCS 510/9)  (from Ch. 17, par. 4659)
7    Sec. 9. No pawnbroker shall purchase or take any article in
8pawn or pledge from any person appearing to be intoxicated, nor
9from any person known to have been convicted of theft. A law
10enforcement officer may provide such criminal conviction
11information to a pawnbroker. When any person is found to be the
12owner of stolen property which has been pawned, such property
13shall be returned to the owner thereof without the payment of
14the money advanced by the pawnbroker thereon or any costs or
15charges of any kind which the pawnbroker may have placed upon
16the same.

 

 

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1(Source: P.A. 84-1308.)
 
2    (205 ILCS 510/10)  (from Ch. 17, par. 4660)
3    Sec. 10. Sale of property. No personal property pledged or
4received on deposit by any pawnbroker shall be permitted to be
5redeemed from such pawnbroker for a period of 48 hours after
6the delivery of the copy and statement required by Section 7 of
7this Act required to be delivered to the officer or officers
8named therein. No personal property purchased by any pawnbroker
9shall be sold or removed from the place of business or
10transferred to another pawnshop location of such pawnbroker for
11a period of 10 days after the delivery of the copy and
12statement required by Section 7 of this Act required to be
13delivered to the officer or officers named therein. If the
14pawner or pledger fails to repay the loan during the period
15specified on the pawn ticket, the pawnbroker shall
16automatically extend a grace period of 30 days from the default
17date on the loan during which the pawnbroker shall not dispose
18of or sell the personal property pledged. The parties may agree
19to extend or renew a loan upon terms agreed upon by the
20parties, provided the terms comply with the requirements of
21this Act. Title to the pledged property shall transfer to the
22pawnbroker after the default date or upon the expiration of any
23agreed extension. A county or municipality, including a home
24rule unit, may regulate these holding periods in a manner that
25is more restrictive than the regulation provided in this

 

 

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1Section 10. A home rule unit may not regulate these holding
2periods in a manner less restrictive than the regulation by the
3State. This Section is a limitation under subsection (i) of
4Section 6 of Article VII of the Illinois Constitution on the
5concurrent exercise by home rule units of the powers and
6functions exercised by the State.
7(Source: P.A. 99-188, eff. 1-1-16.)
 
8    (205 ILCS 510/12)
9    Sec. 12. Hold order.
10    (a) For the purposes of this Section, "hold order" means a
11written legal instrument issued to a pawnbroker by a law
12enforcement officer commissioned by the law enforcement agency
13of the municipality or county that licenses and regulates the
14pawnbroker evidencing a criminal law enforcement investigation
15and , ordering the pawnbroker to retain physical possession of
16pledged goods in the possession of the pawnbroker or property
17purchased by and in the possession of the pawnbroker and not to
18return, sell, or otherwise dispose of such property as such
19property is believed to be misappropriated goods. If the
20pledged goods are in the pawnbroker's possession at the time of
21the pawnbroker's receipt of the hold order, the pledged goods
22shall remain in the possession of the pawnbroker for the
23duration of the hold order and any subsequent extensions of the
24hold order.
25    (b) Upon written notice from a law enforcement officer

 

 

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1indicating that property in the possession of a pawnbroker and
2subject to a hold order is needed for the purpose of furthering
3a criminal investigation and prosecution, the pawnbroker shall
4release the property subject to the hold order to the custody
5of the law enforcement officer for such purpose and the officer
6shall provide a written acknowledgment that the property has
7been released to the officer. The release of the property to
8the custody of the law enforcement officer shall not be
9considered a waiver or release of the pawnbroker's property
10rights or interest in the property. Upon completion of the
11criminal investigation, the property shall be returned to the
12pawnbroker who consented to its release; except that, if the
13law enforcement officer, at the completion of the criminal
14investigation, is able to determine the property subject to the
15hold order is stolen property and has identified the owner of
16the stolen property who has completed a police report, the
17property shall be returned to the owner without the payment of
18the money advanced by the pawnbroker or any costs or charges of
19any kind that the pawnbroker may have placed upon the property.
20The pawnbroker shall be entitled to pursue a civil action
21against the convicted person and any person who brought the
22property to the pawnbroker, and law enforcement shall provide
23all information related to those persons to the pawnbroker,
24without the need for a subpoena, court order, or further legal
25action or government filing. If the law enforcement officer has
26not completed the criminal investigation within 120 days after

 

 

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1the start of the holding period its release, the officer shall
2immediately return the property to the pawnbroker or obtain and
3furnish to the pawnbroker a warrant for the continued custody
4of the property.
5    The pawnbroker shall not release or dispose of the property
6except pursuant to a court order or the expiration of the
7holding period of the hold order, including all extensions.
8    In cases where criminal charges have been filed and the
9property may be needed as evidence, the prosecuting attorney
10shall notify the pawnbroker in writing. The notice shall
11contain the case number, the style of the case, and a
12description of the property. The pawnbroker shall hold such
13property until receiving notice of the disposition of the case
14from the prosecuting attorney. The prosecuting attorney shall
15notify the pawnbroker and claimant in writing within 15 days
16after the disposition of the case.
17    (c) A hold order must specify:
18        (1) the name and address of the pawnbroker;
19        (2) the name, title, and identification number of the
20    law enforcement officer placing the hold order or the court
21    placing the hold order;
22        (3) a complete description of the property to be held,
23    including model number and serial number, if applicable;
24        (4) the name of the person reporting the property to be
25    misappropriated unless otherwise prohibited by law;
26        (5) the mailing address of the pawnbroker holding the

 

 

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1    property; and
2        (6) the expiration date of the holding period.
3    (d) The pawnbroker or the pawnbroker's representative must
4sign and date a copy of the hold order as evidence of receipt
5of the hold order and the beginning of the 120-day holding
6period.
7(Source: P.A. 96-1365, eff. 7-28-10.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".