Sen. Don Harmon
Filed: 5/17/2019
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1 | AMENDMENT TO HOUSE BILL 2488
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2 | AMENDMENT NO. ______. Amend House Bill 2488 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 Sections 9, 10, and 12 as follows:
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6 | (205 ILCS 510/9) (from Ch. 17, par. 4659)
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7 | Sec. 9.
No pawnbroker shall purchase or take any article in | ||||||
8 | pawn or pledge from any
person appearing to be intoxicated, nor | ||||||
9 | from
any person known to have been convicted of theft.
A law | ||||||
10 | enforcement officer may provide such criminal conviction | ||||||
11 | information
to a pawnbroker. When any
person is found to be
the | ||||||
12 | owner of stolen property which has been pawned, such property | ||||||
13 | shall be
returned to the owner thereof without the payment of | ||||||
14 | the money advanced by
the pawnbroker thereon or any costs or | ||||||
15 | charges of any kind which the
pawnbroker may have placed upon | ||||||
16 | the same.
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1 | (Source: P.A. 84-1308.)
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2 | (205 ILCS 510/10) (from Ch. 17, par. 4660)
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3 | Sec. 10. Sale of property. No personal property pledged or | ||||||
4 | received on deposit
by any pawnbroker shall be permitted to be | ||||||
5 | redeemed from such pawnbroker for a period of
48 hours after | ||||||
6 | the delivery of the copy and statement
required by
Section 7 of | ||||||
7 | this Act required to be delivered to the officer or officers
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8 | named therein. No personal property purchased by any pawnbroker | ||||||
9 | shall be sold or removed from the place of business or | ||||||
10 | transferred to another pawnshop location of such pawnbroker for | ||||||
11 | a period of 10 days after the delivery of the copy and | ||||||
12 | statement required by Section 7 of this Act required to be | ||||||
13 | delivered to the officer or officers named therein. If the | ||||||
14 | pawner or pledger fails to repay the loan during the
period | ||||||
15 | specified on the pawn ticket, the pawnbroker shall | ||||||
16 | automatically extend
a grace period of 30 days from the default | ||||||
17 | date on the loan during which
the pawnbroker shall not dispose | ||||||
18 | of or sell the personal property pledged. The
parties may agree | ||||||
19 | to extend or renew a loan upon terms agreed upon by the
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20 | parties, provided the terms comply with the requirements of | ||||||
21 | this Act. Title to the pledged property shall transfer to the | ||||||
22 | pawnbroker after the default date or upon the expiration of any | ||||||
23 | agreed extension. A county or municipality, including a home | ||||||
24 | rule unit, may regulate these holding periods in a manner that | ||||||
25 | is more restrictive than the regulation provided in this |
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1 | Section 10. A home rule unit may not regulate these holding | ||||||
2 | periods in a manner less restrictive than the regulation by the | ||||||
3 | State. This Section is a limitation under subsection (i) of | ||||||
4 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
5 | concurrent exercise by home rule units of the powers and | ||||||
6 | functions exercised by the State.
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7 | (Source: P.A. 99-188, eff. 1-1-16 .)
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8 | (205 ILCS 510/12) | ||||||
9 | Sec. 12. Hold order. | ||||||
10 | (a) For the purposes of this Section, "hold order" means a | ||||||
11 | written legal instrument issued to a pawnbroker by a law | ||||||
12 | enforcement officer commissioned by the law enforcement agency | ||||||
13 | of the municipality or county that licenses and regulates the | ||||||
14 | pawnbroker evidencing a criminal law enforcement investigation | ||||||
15 | and , ordering the pawnbroker to retain physical possession of | ||||||
16 | pledged goods in the possession of the pawnbroker or property | ||||||
17 | purchased by and in the possession of the pawnbroker and not to | ||||||
18 | return, sell, or otherwise dispose of such property as such | ||||||
19 | property is believed to be misappropriated goods. If the | ||||||
20 | pledged goods are in the pawnbroker's possession at the time of | ||||||
21 | the pawnbroker's receipt of the hold order, the pledged goods | ||||||
22 | shall remain in the possession of the pawnbroker for the | ||||||
23 | duration of the hold order and any subsequent extensions of the | ||||||
24 | hold order. | ||||||
25 | (b) Upon written notice from a law enforcement officer |
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1 | indicating that property in the possession of a pawnbroker and | ||||||
2 | subject to a hold order is needed for the purpose of furthering | ||||||
3 | a criminal investigation and prosecution, the pawnbroker shall | ||||||
4 | release the property subject to the hold order to the custody | ||||||
5 | of the law enforcement officer for such purpose and the officer | ||||||
6 | shall provide a written acknowledgment that the property has | ||||||
7 | been released to the officer. The release of the property to | ||||||
8 | the custody of the law enforcement officer shall not be | ||||||
9 | considered a waiver or release of the pawnbroker's property | ||||||
10 | rights or interest in the property. Upon completion of the | ||||||
11 | criminal investigation, the property shall be returned to the | ||||||
12 | pawnbroker who consented to its release; except that, if the | ||||||
13 | law enforcement officer , at the completion of the criminal | ||||||
14 | investigation, is able to determine the property subject to the | ||||||
15 | hold order is stolen property and has identified the owner of | ||||||
16 | the stolen property who has completed a police report, the | ||||||
17 | property shall be returned to the owner without the payment of | ||||||
18 | the money advanced by the pawnbroker or any costs or charges of | ||||||
19 | any kind that the pawnbroker may have placed upon the property. | ||||||
20 | The pawnbroker shall be entitled to pursue a civil action | ||||||
21 | against the convicted person and any person who brought the | ||||||
22 | property to the pawnbroker, and law enforcement shall provide | ||||||
23 | all information related to those persons to the pawnbroker, | ||||||
24 | without the need for a subpoena, court order, or further legal | ||||||
25 | action or government filing. If the law enforcement officer has | ||||||
26 | not completed the criminal investigation within 120 days after |
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1 | the start of the holding period its release , the officer shall | ||||||
2 | immediately return the property to the pawnbroker or obtain and | ||||||
3 | furnish to the pawnbroker a warrant for the continued custody | ||||||
4 | of the property. | ||||||
5 | The pawnbroker shall not release or dispose of the property | ||||||
6 | except pursuant to a court order or the expiration of the | ||||||
7 | holding period of the hold order, including all extensions. | ||||||
8 | In cases where criminal charges have been filed and the | ||||||
9 | property may be needed as evidence, the prosecuting attorney | ||||||
10 | shall notify the pawnbroker in writing. The notice shall | ||||||
11 | contain the case number, the style of the case, and a | ||||||
12 | description of the property. The pawnbroker shall hold such | ||||||
13 | property until receiving notice of the disposition of the case | ||||||
14 | from the prosecuting attorney. The prosecuting attorney shall | ||||||
15 | notify the pawnbroker and claimant in writing within 15 days | ||||||
16 | after the disposition of the case.
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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 | ||||||
4 | sign and date a copy of the hold order as evidence of receipt | ||||||
5 | of the hold order and the beginning of the 120-day holding | ||||||
6 | period. | ||||||
7 | (Source: P.A. 96-1365, eff. 7-28-10.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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