HB2488sam002 101ST GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/28/2019

10100HB2488sam002 LRB101 07727 SMS 61286 a

AMENDMENT TO HOUSE BILL 2488

AMENDMENT NO. ______. Amend House Bill 2488 by replacing everything after the enacting clause with the following:

"Section 5. The Pawnbroker Regulation Act is amended by changing Sections 9, 10, and 12 as follows:

(205 ILCS 510/9) (from Ch. 17, par. 4659)

Sec. 9. No pawnbroker shall purchase or take any article in pawn or pledge from any person appearing to be intoxicated, nor from any person known to have been convicted of theft. A law enforcement officer may provide such criminal conviction information to a pawnbroker. When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same.

(Source: P.A. 84-1308.)

(205 ILCS 510/10) (from Ch. 17, par. 4660)

Sec. 10. Sale of property. No personal property pledged or received on deposit by any pawnbroker shall be permitted to be redeemed from such pawnbroker for a period of 48 hours after the delivery of the copy and statement required by Section 7 of this Act required to be delivered to the officer or officers named therein. No personal property purchased by any pawnbroker shall be sold or removed from the place of business or transferred to another pawnshop location of such pawnbroker for a period of 10 days after the delivery of the copy and statement required by Section 7 of this Act required to be delivered to the officer or officers named therein. If the pawner or pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of 30 days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties, provided the terms comply with the requirements of this Act. Title to the pledged property shall transfer to the pawnbroker after the default date along with any grace period or upon the expiration of any agreed extension. A county or municipality, including a home rule unit, may regulate these holding periods in a manner that is more restrictive than the regulation provided in this Section 10. A home rule unit may not regulate these holding periods in a manner less restrictive than the regulation by the State. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.

(Source: P.A. 99-188, eff. 1-1-16.)

(205 ILCS 510/12)

Sec. 12. Hold order.

(a) For the purposes of this Section, "hold order" means a written legal instrument issued to a pawnbroker by a law enforcement officer commissioned by the law enforcement agency of the municipality or county that licenses and regulates the pawnbroker evidencing a criminal law enforcement investigation and , ordering the pawnbroker to retain physical possession of pledged goods in the possession of the pawnbroker or property purchased by and in the possession of the pawnbroker and not to return, sell, or otherwise dispose of such property as such property is believed to be misappropriated goods. If the pledged goods are in the pawnbroker's possession at the time of the pawnbroker's receipt of the hold order, the pledged goods shall remain in the possession of the pawnbroker for the duration of the hold order and any subsequent extensions of the hold order.

(b) Upon written notice from a law enforcement officer indicating that property in the possession of a pawnbroker and subject to a hold order is needed for the purpose of furthering a criminal investigation and prosecution, the pawnbroker shall release the property subject to the hold order to the custody of the law enforcement officer for such purpose and the officer shall provide a written acknowledgment that the property has been released to the officer. The release of the property to the custody of the law enforcement officer shall not be considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except that, if the law enforcement officer has not completed the criminal investigation within 120 days after the start of the holding period its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.

The pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.

In cases where criminal charges have been filed and the property may be needed as evidence, the prosecuting attorney shall notify the pawnbroker in writing. The notice shall contain the case number, the style of the case, and a description of the property. The pawnbroker shall hold such property until receiving notice of the disposition of the case from the prosecuting attorney. The prosecuting attorney shall notify the pawnbroker and claimant in writing within 15 days after the disposition of the case.

(c) If at the completion of the criminal investigation, the law enforcement officer is able to determine the property subject to the hold order is stolen property and has identified the owner of the stolen property who has completed a police report, the pawnbroker shall return the property to the owner without the payment of the money advanced by the pawnbroker or any costs or charges of any kind that the pawnbroker may have placed upon the property. The pawnbroker shall be entitled to pursue a civil action against the perpetrator and any person who brought the property to the pawnbroker, and law enforcement shall provide all information related to those persons to the pawnbroker, without the need for a subpoena, court order, or further legal action or government filing.

(d) A hold order must specify:

(1) the name and address of the pawnbroker;

(2) the name, title, and identification number of the law enforcement officer placing the hold order or the court placing the hold order;

(3) a complete description of the property to be held, including model number and serial number, if applicable;

(4) the name of the person reporting the property to be misappropriated unless otherwise prohibited by law;

(5) the mailing address of the pawnbroker holding the property; and

(6) the expiration date of the holding period.

(e) The pawnbroker or the pawnbroker's representative must sign and date a copy of the hold order as evidence of receipt of the hold order and the beginning of the 120-day holding period.

(Source: P.A. 96-1365, eff. 7-28-10.)

Section 99. Effective date. This Act takes effect upon becoming law.".