Sen. Don Harmon

Filed: 5/28/2019

 

 


 

 


 
10100HB2488sam002LRB101 07727 SMS 61286 a

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 along with any grace period
23or upon the expiration of any agreed extension. A county or
24municipality, including a home rule unit, may regulate these
25holding periods in a manner that is more restrictive than the

 

 

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1regulation provided in this Section 10. A home rule unit may
2not regulate these holding periods in a manner less restrictive
3than the regulation by the State. This Section is a limitation
4under subsection (i) of Section 6 of Article VII of the
5Illinois Constitution on the concurrent exercise by home rule
6units of the powers and functions 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 has not completed the criminal
14investigation within 120 days after the start of the holding
15period its release, the officer shall immediately return the
16property to the pawnbroker or obtain and furnish to the
17pawnbroker a warrant for the continued custody of the property.
18    The pawnbroker shall not release or dispose of the property
19except pursuant to a court order or the expiration of the
20holding period of the hold order, including all extensions.
21    In cases where criminal charges have been filed and the
22property may be needed as evidence, the prosecuting attorney
23shall notify the pawnbroker in writing. The notice shall
24contain the case number, the style of the case, and a
25description of the property. The pawnbroker shall hold such
26property until receiving notice of the disposition of the case

 

 

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1from the prosecuting attorney. The prosecuting attorney shall
2notify the pawnbroker and claimant in writing within 15 days
3after the disposition of the case.
4    (c) If at the completion of the criminal investigation, the
5law enforcement officer is able to determine the property
6subject to the hold order is stolen property and has identified
7the owner of the stolen property who has completed a police
8report, the pawnbroker shall return the property to the owner
9without the payment of the money advanced by the pawnbroker or
10any costs or charges of any kind that the pawnbroker may have
11placed upon the property. The pawnbroker shall be entitled to
12pursue a civil action against the perpetrator and any person
13who brought the property to the pawnbroker, and law enforcement
14shall provide all information related to those persons to the
15pawnbroker, without the need for a subpoena, court order, or
16further legal action or government filing.
17    (d) 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    (e) 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.".