Full Text of SB0156 99th General Assembly
SB0156sam001 99TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/7/2015
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| 1 | | AMENDMENT TO SENATE BILL 156
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 156 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Law Enforcement Disposition of Property Act | 5 | | is amended by changing Sections 1, 2, 3, and 5 as follows:
| 6 | | (765 ILCS 1030/1) (from Ch. 141, par. 141)
| 7 | | Sec. 1.
This Act is applicable to all personal property | 8 | | coming into the of which possession of
is transferred to a | 9 | | police department or other law enforcement agency of
the State | 10 | | or a
county, city, village or incorporated town, under | 11 | | circumstances supporting
a reasonable belief that such | 12 | | property is was abandoned, lost or stolen , or
otherwise | 13 | | illegally possessed, except property seized during a search | 14 | | that is , and
retained and ultimately returned, destroyed or | 15 | | otherwise disposed of pursuant to a local ordinance of a county | 16 | | or city with a population of more than 2,000,000 persons, or
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| 1 | | pursuant to order of a court in accordance with Section 108-11, | 2 | | 108-12 or
114-12 of the "Code of Criminal Procedure of 1963" or | 3 | | other law
hereafter applicable to property thus retained, and | 4 | | except property of
which custody and disposition is prescribed | 5 | | by Article II of Chapter 4 of
The Illinois Vehicle Code.
| 6 | | (Source: P.A. 84-505 .)
| 7 | | (765 ILCS 1030/2) (from Ch. 141, par. 142)
| 8 | | Sec. 2.
(a) Such property believed to be abandoned, lost or | 9 | | stolen or otherwise
illegally possessed shall be retained in | 10 | | custody by the sheriff, chief of
police or other principal | 11 | | official of the law enforcement agency, which
shall make | 12 | | reasonable inquiry and efforts to identify and notify the owner
| 13 | | or other person entitled to possession thereof, and shall | 14 | | return the
property after such person provides reasonable and | 15 | | satisfactory proof of
his ownership or right to possession and | 16 | | reimburses the agency for all
reasonable expenses of such | 17 | | custody.
| 18 | | (b) Weapons that have been confiscated as a result of | 19 | | having been
abandoned or illegally possessed may be destroyed | 20 | | by the confiscating authority or
transferred to the Department | 21 | | of State Police for use by the crime
laboratory system, for | 22 | | training purposes, or for any other application as
deemed | 23 | | appropriate by the Department, if no legitimate
claim is
made | 24 | | for the confiscated weapon within 6 months of the date of
| 25 | | confiscation, or within 6 months of final court disposition if |
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| 1 | | such
confiscated weapon was used for evidentiary purposes.
| 2 | | (Source: P.A. 85-632.)
| 3 | | (765 ILCS 1030/3) (from Ch. 141, par. 143)
| 4 | | Sec. 3.
If the identity or location of the owner or other | 5 | | person entitled
to possession of the property has not been | 6 | | ascertained within 6 months , or within 60 days in a county or | 7 | | city with a population of more than 2,000,000 persons,
after | 8 | | the police department or other law enforcement agency obtains | 9 | | such
possession, the sheriff, chief of police or other | 10 | | principal official
thereof shall sell effectuate the sale of | 11 | | the property for cash to the highest
bidder at a public | 12 | | auction, notice of which (including time, place and a
brief | 13 | | description of such property) shall be published at least once | 14 | | in a
newspaper of general circulation in the county wherein | 15 | | such official has
authority , or continuously on the law | 16 | | enforcement authority's Internet website, or any other | 17 | | publicly accessible State, county, city, village, or | 18 | | incorporated town's website, at least 10 days prior to such | 19 | | auction. The notice for an online auction shall include the | 20 | | name and address of the online auction company and state that | 21 | | the sale of the property shall be completed no earlier than 10 | 22 | | days from the solicitation for bids in the online auction. | 23 | | However, if the
sheriff, chief of police, or other principal | 24 | | law enforcement
official determines that the interests of the | 25 | | public would best
be served thereby, he or she may donate |
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| 1 | | property that is worth less than $100, if the donation is | 2 | | approved by the governing body of which the law enforcement | 3 | | agency is a part, to a charitable organization that is | 4 | | currently registered in the State of Illinois, transfer custody | 5 | | of the property to the government of
which his or her law | 6 | | enforcement agency is a branch, or if the property is in
the | 7 | | custody of a State law enforcement agency, it may be | 8 | | transferred to the
Department of Central Management Services, | 9 | | rather than effectuating
the sale of the property by
public | 10 | | auction. Property offered but not
sold at such public auction | 11 | | may be offered and sold at a subsequent public
auction without | 12 | | such notice.
| 13 | | (Source: P.A. 97-28, eff. 1-1-12.)
| 14 | | (765 ILCS 1030/5) (from Ch. 141, par. 145)
| 15 | | Sec. 5.
The owner or other person entitled to possession of | 16 | | such property
may claim and recover possession of the property | 17 | | at any time before its
sale at public auction, upon providing | 18 | | reasonable and satisfactory proof of
ownership or right to | 19 | | possession and reimbursing the law enforcement agency
for all | 20 | | reasonable expenses of custody thereof. The owner or other | 21 | | person entitled to possession of property being sold through an | 22 | | online auction may claim and recover possession of the property | 23 | | at any time prior to the conclusion of the online auction upon | 24 | | providing reasonable and satisfactory proof of ownership or | 25 | | right to possession to the online auction provider and |
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| 1 | | reimbursing the law enforcement agency for all reasonable | 2 | | expenses relating to its custody of the property.
| 3 | | (Source: Laws 1963, p. 3287.)".
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