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


Rep. Michelle Mussman

Filed: 4/27/2017





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2    AMENDMENT NO. ______. Amend House Bill 1273, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Pawnbroker Regulation Act is amended by
6changing Sections 9 and 12 as follows:
7    (205 ILCS 510/9)  (from Ch. 17, par. 4659)
8    Sec. 9. No pawnbroker shall purchase or take any article in
9pawn or pledge from any person appearing to be intoxicated, nor
10from any person known to have been convicted of theft. A law
11enforcement officer may provide such criminal conviction
12information to a pawnbroker. When any person is found to be the
13owner of stolen property which has been pawned, such property
14shall be returned to the owner thereof without the payment of
15the money advanced by the pawnbroker thereon or any costs or
16charges of any kind which the pawnbroker may have placed upon



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1the same.
2(Source: P.A. 84-1308.)
3    (205 ILCS 510/12)
4    Sec. 12. Hold order.
5    (a) For the purposes of this Section, "hold order" means a
6written legal instrument issued to a pawnbroker by a law
7enforcement officer commissioned by the law enforcement agency
8of the municipality or county that licenses and regulates the
9pawnbroker, ordering the pawnbroker to retain physical
10possession of pledged goods in the possession of the pawnbroker
11or property purchased by and in the possession of the
12pawnbroker and not to return, sell, or otherwise dispose of
13such property as such property is believed to be
14misappropriated goods.
15    (b) Upon written notice from a law enforcement officer
16indicating that property in the possession of a pawnbroker and
17subject to a hold order is needed for the purpose of furthering
18a criminal investigation and prosecution, the pawnbroker shall
19release the property subject to the hold order to the custody
20of the law enforcement officer for such purpose and the officer
21shall provide a written acknowledgment that the property has
22been released to the officer. The release of the property to
23the custody of the law enforcement officer shall not be
24considered a waiver or release of the pawnbroker's property
25rights or interest in the property. Upon completion of the



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1criminal investigation, the property shall be returned to the
2pawnbroker who consented to its release; except that, if the
3law enforcement officer at the completion of the criminal
4investigation is able to determine the property subject to the
5hold order is stolen property and has identified the owner of
6the stolen property, the property shall be returned to the
7owner without the payment of the money advanced by the
8pawnbroker or any costs or charges of any kind that the
9pawnbroker may have placed upon the same. In the event that the
10law enforcement officer has not completed the criminal
11investigation within 120 days after its release, the officer
12shall immediately return the property to the pawnbroker or
13obtain and furnish to the pawnbroker a warrant for the
14continued custody of the property. Once the hold order expires
15without an extension by court order or is rescinded, title to
16the property shall vest in and be deemed conveyed by operation
17of law to the pawnbroker, free of any liability for claims, but
18subject to any restrictions contained in the pawn transaction
19contract and subject to the provisions of this Section.
20    The pawnbroker shall not release or dispose of the property
21except pursuant to a court order or the expiration of the
22holding period of the hold order, including all extensions.
23    In cases where criminal charges have been filed and the
24property may be needed as evidence, the prosecuting attorney
25shall notify the pawnbroker in writing. The notice shall
26contain the case number, the style of the case, and a



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1description of the property. The pawnbroker shall hold such
2property until receiving notice of the disposition of the case
3from the prosecuting attorney. The prosecuting attorney shall
4notify the pawnbroker and claimant in writing within 15 days
5after the disposition of the case.
6    (c) A hold order must specify:
7        (1) the name and address of the pawnbroker;
8        (2) the name, title, and identification number of the
9    law enforcement officer placing the hold order or the court
10    placing the hold order;
11        (3) a complete description of the property to be held,
12    including model number and serial number, if applicable;
13        (4) the name of the person reporting the property to be
14    misappropriated unless otherwise prohibited by law;
15        (5) the mailing address of the pawnbroker where the
16    property is held; and
17        (6) the expiration date of the holding period.
18    (d) The pawnbroker or the pawnbroker's representative must
19sign and date a copy of the hold order as evidence of receipt
20of the hold order and the beginning of the 90-day holding
22(Source: P.A. 96-1365, eff. 7-28-10.)".