Sen. Antonio Muņoz

Filed: 4/7/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 156

2    AMENDMENT NO. ______. Amend Senate Bill 156 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Law Enforcement Disposition of Property Act
5is amended by changing Sections 1, 2, 3, and 5 as follows:
 
6    (765 ILCS 1030/1)  (from Ch. 141, par. 141)
7    Sec. 1. This Act is applicable to all personal property
8coming into the of which possession of is transferred to a
9police department or other law enforcement agency of the State
10or a county, city, village or incorporated town, under
11circumstances supporting a reasonable belief that such
12property is was abandoned, lost or stolen, or otherwise
13illegally possessed, except property seized during a search
14that is , and retained and ultimately returned, destroyed or
15otherwise disposed of pursuant to a local ordinance of a county
16or city with a population of more than 2,000,000 persons, or

 

 

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1pursuant to order of a court in accordance with Section 108-11,
2108-12 or 114-12 of the "Code of Criminal Procedure of 1963" or
3other law hereafter applicable to property thus retained, and
4except property of which custody and disposition is prescribed
5by Article II of Chapter 4 of The Illinois Vehicle Code.
6(Source: P.A. 84-505.)
 
7    (765 ILCS 1030/2)  (from Ch. 141, par. 142)
8    Sec. 2. (a) Such property believed to be abandoned, lost or
9stolen or otherwise illegally possessed shall be retained in
10custody by the sheriff, chief of police or other principal
11official of the law enforcement agency, which shall make
12reasonable inquiry and efforts to identify and notify the owner
13or other person entitled to possession thereof, and shall
14return the property after such person provides reasonable and
15satisfactory proof of his ownership or right to possession and
16reimburses the agency for all reasonable expenses of such
17custody.
18    (b) Weapons that have been confiscated as a result of
19having been abandoned or illegally possessed may be destroyed
20by the confiscating authority or transferred to the Department
21of State Police for use by the crime laboratory system, for
22training purposes, or for any other application as deemed
23appropriate by the Department, if no legitimate claim is made
24for the confiscated weapon within 6 months of the date of
25confiscation, or within 6 months of final court disposition if

 

 

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1such confiscated weapon was used for evidentiary purposes.
2(Source: P.A. 85-632.)
 
3    (765 ILCS 1030/3)  (from Ch. 141, par. 143)
4    Sec. 3. If the identity or location of the owner or other
5person entitled to possession of the property has not been
6ascertained within 6 months, or within 60 days in a county or
7city with a population of more than 2,000,000 persons, after
8the police department or other law enforcement agency obtains
9such possession, the sheriff, chief of police or other
10principal official thereof shall sell effectuate the sale of
11the property for cash to the highest bidder at a public
12auction, notice of which (including time, place and a brief
13description of such property) shall be published at least once
14in a newspaper of general circulation in the county wherein
15such official has authority, or continuously on the law
16enforcement authority's Internet website, or any other
17publicly accessible State, county, city, village, or
18incorporated town's website, at least 10 days prior to such
19auction. The notice for an online auction shall include the
20name and address of the online auction company and state that
21the sale of the property shall be completed no earlier than 10
22days from the solicitation for bids in the online auction.
23However, if the sheriff, chief of police, or other principal
24law enforcement official determines that the interests of the
25public would best be served thereby, he or she may donate

 

 

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1property that is worth less than $100, if the donation is
2approved by the governing body of which the law enforcement
3agency is a part, to a charitable organization that is
4currently registered in the State of Illinois, transfer custody
5of the property to the government of which his or her law
6enforcement agency is a branch, or if the property is in the
7custody of a State law enforcement agency, it may be
8transferred to the Department of Central Management Services,
9rather than effectuating the sale of the property by public
10auction. Property offered but not sold at such public auction
11may be offered and sold at a subsequent public auction without
12such notice.
13(Source: P.A. 97-28, eff. 1-1-12.)
 
14    (765 ILCS 1030/5)  (from Ch. 141, par. 145)
15    Sec. 5. The owner or other person entitled to possession of
16such property may claim and recover possession of the property
17at any time before its sale at public auction, upon providing
18reasonable and satisfactory proof of ownership or right to
19possession and reimbursing the law enforcement agency for all
20reasonable expenses of custody thereof. The owner or other
21person entitled to possession of property being sold through an
22online auction may claim and recover possession of the property
23at any time prior to the conclusion of the online auction upon
24providing reasonable and satisfactory proof of ownership or
25right to possession to the online auction provider and

 

 

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1reimbursing the law enforcement agency for all reasonable
2expenses relating to its custody of the property.
3(Source: Laws 1963, p. 3287.)".