HB5341 97TH GENERAL ASSEMBLY

LRB097 18349 PJG 63575 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5341

Introduced 2/8/2012, by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

205 ILCS 510/12

Amends the Pawnbroker Regulation Act. Removes a provision requiring that property under a hold order released to the custody of a law enforcement officer shall be returned to the pawnbroker upon completion of the criminal investigation. Removes a provision requiring the prosecuting attorney to notify the pawnbroker if property under a hold order may be needed as evidence in a criminal case. Provides that a law enforcement agency shall retain custody of property under a hold order and released by a pawnbroker to the law enforcement agency until the disposition of the case. Provides that, within 15 days after the disposition of the case, if appropriate, the property shall be returned to the owner. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Pawnbroker Regulation Act is amended by changing Section 12 as follows:

(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, 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.

(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. The law enforcement agency shall retain custody of the property until the disposition of the case. The prosecuting attorney shall notify the pawnbroker and claimant in writing within 15 days after the disposition of the case, at which point, if appropriate, the property shall be returned to the owner in accordance with Section 9 of this Act. 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 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.

(c) 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.

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

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