Public Act 097-0028
 
HB1553 EnrolledLRB097 06513 AJO 46597 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Law Enforcement Disposition of Property Act 
is amended  by changing Section 3 as follows:
 



    (765 ILCS 1030/3)  (from Ch. 141, par. 143)



    Sec. 3. 
If the identity or location of the owner or other 
person entitled
to possession of the property has not been 
ascertained within 6 months
after the police department or 
other law enforcement agency obtains such
possession, the 
sheriff, chief of police or other principal official
thereof 
shall effectuate the sale of the property for cash to the 
highest
bidder at a public auction, notice of which (including 
time, place and a
brief description of such property) shall be 
published at least once in a
newspaper of general circulation 
in the county wherein such official has
authority at least 10 
days prior to such auction. However, if the
sheriff, chief of 
police, or other principal law enforcement
official determines 
that the interests of the public would best
be served thereby, 
he or she may donate property that is worth less than $100, if 
the donation is approved by the governing body of which the law 
enforcement agency is a part, to a charitable organization that 
is currently registered in the State of Illinois, transfer 
custody of the property to the government of
which his or her 
law enforcement agency is a branch, or if the property is in

the custody of a State law enforcement agency, it may be 
transferred to the
Department of Central Management Services, 
rather than effectuating
the sale of the property by
public 
auction. Property offered but not
sold at such public auction 
may be offered and sold at a subsequent public
auction without 
such notice.

(Source: P.A. 84-505.)