HB2514 99TH GENERAL ASSEMBLY


 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2514

 

Introduced 2/18/2015, by Rep. Robert F. Martwick

 

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.


LRB099 09078 HEP 29268 b

 

 

A BILL FOR

 

HB2514LRB099 09078 HEP 29268 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17pursuant to order of a court in accordance with Section 108-11,
18108-12 or 114-12 of the "Code of Criminal Procedure of 1963" or
19other law hereafter applicable to property thus retained, and
20except property of which custody and disposition is prescribed
21by Article II of Chapter 4 of The Illinois Vehicle Code.
22(Source: P.A. 84-505.)
 

 

 

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1    (765 ILCS 1030/2)  (from Ch. 141, par. 142)
2    Sec. 2. (a) Such property believed to be abandoned, lost or
3stolen or otherwise illegally possessed shall be retained in
4custody by the sheriff, chief of police or other principal
5official of the law enforcement agency, which shall make
6reasonable inquiry and efforts to identify and notify the owner
7or other person entitled to possession thereof, and shall
8return the property after such person provides reasonable and
9satisfactory proof of his ownership or right to possession and
10reimburses the agency for all reasonable expenses of such
11custody.
12    (b) Firearms Weapons that have been confiscated as a result
13of having been abandoned or illegally possessed may be
14destroyed by the confiscating authority or transferred to the
15Department of State Police for use by the crime laboratory
16system, for training purposes, or for any other application as
17deemed appropriate by the Department, if no legitimate claim is
18made for the confiscated weapon within 6 months of the date of
19confiscation, or within 6 months of final court disposition if
20such confiscated weapon was used for evidentiary purposes.
21(Source: P.A. 85-632.)
 
22    (765 ILCS 1030/3)  (from Ch. 141, par. 143)
23    Sec. 3. If the identity or location of the owner or other
24person entitled to possession of the property has not been
25ascertained within 6 months, or within 60 days in a county or

 

 

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1city with a population of more than 2,000,000 persons, after
2the police department or other law enforcement agency obtains
3such possession, the sheriff, chief of police or other
4principal official thereof shall sell effectuate the sale of
5the property for cash to the highest bidder at a public
6auction, notice of which (including time, place and a brief
7description of such property) shall be published at least once
8in a newspaper of general circulation in the county wherein
9such official has authority, or continuously on the law
10enforcement authority's Internet website, or any other
11publicly accessible State, county, city, village, or
12incorporated town's website, at least 10 days prior to such
13auction. The notice for an online auction shall include the
14name and address of the online auction company and state that
15the sale of the property shall be completed no earlier than 10
16days from the solicitation for bids in the online auction.
17However, if the sheriff, chief of police, or other principal
18law enforcement official determines that the interests of the
19public would best be served thereby, he or she may donate
20property that is worth less than $100, if the donation is
21approved by the governing body of which the law enforcement
22agency is a part, to a charitable organization that is
23currently registered in the State of Illinois, transfer custody
24of the property to the government of which his or her law
25enforcement agency is a branch, or if the property is in the
26custody of a State law enforcement agency, it may be

 

 

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1transferred to the Department of Central Management Services,
2rather than effectuating the sale of the property by public
3auction. Property offered but not sold at such public auction
4may be offered and sold at a subsequent public auction without
5such notice.
6(Source: P.A. 97-28, eff. 1-1-12.)
 
7    (765 ILCS 1030/5)  (from Ch. 141, par. 145)
8    Sec. 5. The owner or other person entitled to possession of
9such property may claim and recover possession of the property
10at any time before its sale at public auction, upon providing
11reasonable and satisfactory proof of ownership or right to
12possession and reimbursing the law enforcement agency for all
13reasonable expenses of custody thereof. The owner or other
14person entitled to possession of property being sold through an
15online auction may claim and recover possession of the property
16at any time prior to the conclusion of the online auction upon
17providing reasonable and satisfactory proof of ownership or
18right to possession to the online auction provider and
19reimbursing the law enforcement agency for all reasonable
20expenses relating to its custody of the property.
21(Source: Laws 1963, p. 3287.)