SB0747 99TH GENERAL ASSEMBLY

LRB099 03533 HEP 23541 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0747

Introduced 2/3/2015, by Sen. Antonio Muņoz

SYNOPSIS AS INTRODUCED:

765 ILCS 1030/1	from Ch. 141, par. 141
765 ILCS 1030/2	from Ch. 141, par. 142
765 ILCS 1030/3	from Ch. 141, par. 143
765 ILCS 1030/5	from Ch. 141, par. 145

Amends the Law Enforcement Disposition of Property Act. Provides that the Act is applicable to all personal property coming into the possession of (instead of "of which possession is transferred to") a police department or other law enforcement agency of the State or a county, city, village or incorporated town, under circumstances supporting a reasonable belief that such property is (instead of "was") abandoned, lost or stolen, or otherwise illegally possessed. Adds an exception for property seized during a search that is retained and ultimately returned, destroyed or otherwise disposed of pursuant to a local ordinance of a county or city with a population of more than 2,000,000 persons. Provides that firearms (instead of "weapons") that have been confiscated may be destroyed by the confiscating authority. Provides that in a county or city with a population of more than 2,000,000 person, property may be auctioned off if a person entitled to possession is not located within 60 days (rather than 6 months). Provides that notice of the auction may be given by continuous posting on the law enforcement authority's Internet website, or any other publicly accessible State, county, city, village, or incorporated town's website, at least 10 days prior to the auction. Provides that the notice for an online auction shall include the name and address of the online auction company and state that the sale of the property shall be completed no earlier than 10 days from the solicitation for bids in the online auction. Provides that the owner or other person entitled to possession of property being sold through an online auction may claim and recover possession of the property at any time prior to the conclusion of the online auction upon providing reasonable and satisfactory proof of ownership or right to possession to the online auction provider and reimbursing the law enforcement agency for all reasonable expenses relating to its custody of the property.

A BILL FOR

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 Sections 1, 2, 3, and 5 as follows:

(765 ILCS 1030/1) (from Ch. 141, par. 141)

Sec. 1. This Act is applicable to all personal property coming into the of which possession of is transferred to a police department or other law enforcement agency of the State or a county, city, village or incorporated town, under circumstances supporting a reasonable belief that such property is was abandoned, lost or stolen, or otherwise illegally possessed, except property seized during a search that is , and retained and ultimately returned, destroyed or otherwise disposed of pursuant to a local ordinance of a county or city with a population of more than 2,000,000 persons, or pursuant to order of a court in accordance with Section 108-11, 108-12 or 114-12 of the "Code of Criminal Procedure of 1963" or other law hereafter applicable to property thus retained, and except property of which custody and disposition is prescribed by Article II of Chapter 4 of The Illinois Vehicle Code.

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

(765 ILCS 1030/2) (from Ch. 141, par. 142)

Sec. 2. (a) Such property believed to be abandoned, lost or stolen or otherwise illegally possessed shall be retained in custody by the sheriff, chief of police or other principal official of the law enforcement agency, which shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession thereof, and shall return the property after such person provides reasonable and satisfactory proof of his ownership or right to possession and reimburses the agency for all reasonable expenses of such custody.

(b) Firearms Weapons that have been confiscated as a result of having been abandoned or illegally possessed may be destroyed by the confiscating authority or transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department, if no legitimate claim is made for the confiscated weapon within 6 months of the date of confiscation, or within 6 months of final court disposition if such confiscated weapon was used for evidentiary purposes.

(Source: P.A. 85-632.)

(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, or within 60 days in a county or city with a population of more than 2,000,000 persons, after the police department or other law enforcement agency obtains such possession, the sheriff, chief of police or other principal official thereof shall sell 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, or continuously on the law enforcement authority's Internet website, or any other publicly accessible State, county, city, village, or incorporated town's website, at least 10 days prior to such auction. The notice for an online auction shall include the name and address of the online auction company and state that the sale of the property shall be completed no earlier than 10 days from the solicitation for bids in the online 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. 97-28, eff. 1-1-12.)

(765 ILCS 1030/5) (from Ch. 141, par. 145)

Sec. 5. The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right to possession and reimbursing the law enforcement agency for all reasonable expenses of custody thereof. The owner or other person entitled to possession of property being sold through an online auction may claim and recover possession of the property at any time prior to the conclusion of the online auction upon providing reasonable and satisfactory proof of ownership or right to possession to the online auction provider and reimbursing the law enforcement agency for all reasonable expenses relating to its custody of the property.

(Source: Laws 1963, p. 3287.)