Full Text of HB4733 100th General Assembly
HB4733eng 100TH GENERAL ASSEMBLY |
| | HB4733 Engrossed | | LRB100 16729 SMS 31868 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Pawnbroker Regulation Act is amended by | 5 | | changing Sections 9 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 | 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.
| 17 | | (Source: P.A. 84-1308.)
| 18 | | (205 ILCS 510/12) | 19 | | Sec. 12. Hold order. | 20 | | (a) For the purposes of this Section, "hold order" means a | 21 | | written legal instrument issued to a pawnbroker by a law | 22 | | enforcement officer commissioned by the law enforcement agency |
| | | HB4733 Engrossed | - 2 - | LRB100 16729 SMS 31868 b |
|
| 1 | | of the municipality or county that licenses and regulates the | 2 | | pawnbroker, ordering the pawnbroker to retain physical | 3 | | possession of pledged goods in the possession of the pawnbroker | 4 | | or property purchased by and in the possession of the | 5 | | pawnbroker and not to return, sell, or otherwise dispose of | 6 | | such property as such property is believed to be | 7 | | misappropriated goods. | 8 | | (b) Upon written notice from a law enforcement officer | 9 | | indicating that property in the possession of a pawnbroker and | 10 | | subject to a hold order is needed for the purpose of furthering | 11 | | a criminal investigation and prosecution, the pawnbroker shall | 12 | | release the property subject to the hold order to the custody | 13 | | of the law enforcement officer for such purpose and the officer | 14 | | shall provide a written acknowledgment that the property has | 15 | | been released to the officer. The release of the property to | 16 | | the custody of the law enforcement officer shall not be | 17 | | considered a waiver or release of the pawnbroker's property | 18 | | rights or interest in the property. Upon completion of the | 19 | | criminal investigation, the property shall be returned to the | 20 | | pawnbroker who consented to its release; except that, if the | 21 | | law enforcement officer at the completion of the criminal | 22 | | investigation is able to determine the property subject to the | 23 | | hold order is stolen property and has identified the owner of | 24 | | the stolen property, the property shall be returned to the | 25 | | owner without the payment of the money advanced by the | 26 | | pawnbroker or any costs or charges of any kind that the |
| | | HB4733 Engrossed | - 3 - | LRB100 16729 SMS 31868 b |
|
| 1 | | pawnbroker may have placed upon the same. In the event that the | 2 | | law enforcement officer has not completed the criminal | 3 | | investigation within 120 days after its release, the officer | 4 | | shall immediately return the property to the pawnbroker or | 5 | | obtain and furnish to the pawnbroker a warrant for the | 6 | | continued custody of the property. Once the hold order expires | 7 | | without an extension by court order or is rescinded, title to | 8 | | the property shall vest in and be deemed conveyed by operation | 9 | | of law to the pawnbroker, free of any liability for claims, but | 10 | | subject to any restrictions contained in the pawn transaction | 11 | | contract and subject to the provisions of this Section. | 12 | | The pawnbroker shall not release or dispose of the property | 13 | | except pursuant to a court order or the expiration of the | 14 | | holding period of the hold order, including all extensions. | 15 | | In cases where criminal charges have been filed and the | 16 | | property may be needed as evidence, the prosecuting attorney | 17 | | shall notify the pawnbroker in writing. The notice shall | 18 | | contain the case number, the style of the case, and a | 19 | | description of the property. The pawnbroker shall hold such | 20 | | property until receiving notice of the disposition of the case | 21 | | from the prosecuting attorney. The prosecuting attorney shall | 22 | | notify the pawnbroker and claimant in writing within 15 days | 23 | | after the disposition of the case.
| 24 | | (c) A hold order must specify: | 25 | | (1) the name and address of the pawnbroker; | 26 | | (2) the name, title, and identification number of the |
| | | HB4733 Engrossed | - 4 - | LRB100 16729 SMS 31868 b |
|
| 1 | | law enforcement officer placing the hold order or the court | 2 | | placing the hold order; | 3 | | (3) a complete description of the property to be held, | 4 | | including model number and serial number, if applicable; | 5 | | (4) the name of the person reporting the property to be | 6 | | misappropriated unless otherwise prohibited by law; | 7 | | (5) the mailing address of the pawnbroker where the | 8 | | property is held; and | 9 | | (6) the expiration date of the holding period. | 10 | | (d) The pawnbroker or the pawnbroker's representative must | 11 | | sign and date a copy of the hold order as evidence of receipt | 12 | | of the hold order and the beginning of the 90-day holding | 13 | | period. | 14 | | (Source: P.A. 96-1365, eff. 7-28-10.)
|
|