Illinois General Assembly - Full Text of HB1273
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Full Text of HB1273  100th General Assembly


Rep. Michelle Mussman

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 1273 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Pawnbroker Regulation Act is amended by
5changing 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
9written legal instrument issued to a pawnbroker by a law
10enforcement officer commissioned by the law enforcement agency
11of the municipality or county that licenses and regulates the
12pawnbroker, ordering the pawnbroker to retain physical
13possession of pledged goods in the possession of the pawnbroker
14or property purchased by and in the possession of the
15pawnbroker and not to return, sell, or otherwise dispose of
16such property as such property is believed to be



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1misappropriated goods.
2    (b) Upon written notice from a law enforcement officer
3indicating that property in the possession of a pawnbroker and
4subject to a hold order is needed for the purpose of furthering
5a criminal investigation and prosecution, the pawnbroker shall
6release the property subject to the hold order to the custody
7of the law enforcement officer for such purpose and the officer
8shall provide a written acknowledgment that the property has
9been released to the officer. The release of the property to
10the custody of the law enforcement officer shall not be
11considered a waiver or release of the pawnbroker's property
12rights or interest in the property. Upon completion of the
13criminal investigation, the property shall be returned to the
14pawnbroker who consented to its release; except that, if the
15law enforcement officer has not completed the criminal
16investigation within 120 days after its release, the officer
17shall immediately return the property to the pawnbroker or
18obtain and furnish to the pawnbroker a warrant for the
19continued custody of the property. If, when a piece of property
20subject to a hold order is relinquished by a pawnbroker to a
21law enforcement officer upon written notice from a law
22enforcement officer that the property is needed for the purpose
23of furthering a criminal investigation, it is discovered during
24the pendency of such criminal investigation that the property
25was stolen and the owner is identified, then the property shall
26be returned to the owner thereof without the payment of the



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1money advanced by the pawnbroker thereon or any costs or
2charges of any kind that the pawnbroker may have placed upon
3the same, in accordance with Section 9 of this Act.
4    The pawnbroker shall not release or dispose of the property
5except pursuant to a court order or the expiration of the
6holding period of the hold order, including all extensions.
7    In cases where criminal charges have been filed and the
8property may be needed as evidence, the prosecuting attorney
9shall notify the pawnbroker in writing. The notice shall
10contain the case number, the style of the case, and a
11description of the property. The pawnbroker shall hold such
12property until receiving notice of the disposition of the case
13from the prosecuting attorney. The prosecuting attorney shall
14notify the pawnbroker and claimant in writing within 15 days
15after the disposition of the case.
16(Source: P.A. 96-1365, eff. 7-28-10.)".