Full Text of HB2488 101st General Assembly
HB2488sam002 101ST GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/28/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2488
| 2 | | AMENDMENT NO. ______. Amend House Bill 2488 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Pawnbroker Regulation Act is amended by | 5 | | changing Sections 9, 10, and 12 as follows:
| 6 | | (205 ILCS 510/9) (from Ch. 17, par. 4659)
| 7 | | Sec. 9.
No pawnbroker shall purchase or take any article in | 8 | | pawn or pledge from any
person appearing to be intoxicated, nor | 9 | | from
any person known to have been convicted of theft.
A law | 10 | | enforcement officer may provide such criminal conviction | 11 | | information
to a pawnbroker. When any
person is found to be
the | 12 | | owner of stolen property which has been pawned, such property | 13 | | shall be
returned to the owner thereof without the payment of | 14 | | the money advanced by
the pawnbroker thereon or any costs or | 15 | | charges of any kind which the
pawnbroker may have placed upon | 16 | | the same.
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| 1 | | (Source: P.A. 84-1308.)
| 2 | | (205 ILCS 510/10) (from Ch. 17, par. 4660)
| 3 | | Sec. 10. Sale of property. No personal property pledged or | 4 | | received on deposit
by any pawnbroker shall be permitted to be | 5 | | redeemed from such pawnbroker for a period of
48 hours after | 6 | | the delivery of the copy and statement
required by
Section 7 of | 7 | | this Act required to be delivered to the officer or officers
| 8 | | named therein. No personal property purchased by any pawnbroker | 9 | | shall be sold or removed from the place of business or | 10 | | transferred to another pawnshop location of such pawnbroker for | 11 | | a period of 10 days after the delivery of the copy and | 12 | | statement required by Section 7 of this Act required to be | 13 | | delivered to the officer or officers named therein. If the | 14 | | pawner or pledger fails to repay the loan during the
period | 15 | | specified on the pawn ticket, the pawnbroker shall | 16 | | automatically extend
a grace period of 30 days from the default | 17 | | date on the loan during which
the pawnbroker shall not dispose | 18 | | of or sell the personal property pledged. The
parties may agree | 19 | | to extend or renew a loan upon terms agreed upon by the
| 20 | | parties, provided the terms comply with the requirements of | 21 | | this Act. Title to the pledged property shall transfer to the | 22 | | pawnbroker after the default date along with any grace period | 23 | | or upon the expiration of any agreed extension. A county or | 24 | | municipality, including a home rule unit, may regulate these | 25 | | holding periods in a manner that is more restrictive than the |
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| 1 | | regulation provided in this Section 10. A home rule unit may | 2 | | not regulate these holding periods in a manner less restrictive | 3 | | than the regulation by the State. This Section is a limitation | 4 | | under subsection (i) of Section 6 of Article VII of the | 5 | | Illinois Constitution on the concurrent exercise by home rule | 6 | | units of the powers and functions exercised by the State.
| 7 | | (Source: P.A. 99-188, eff. 1-1-16 .)
| 8 | | (205 ILCS 510/12) | 9 | | Sec. 12. Hold order. | 10 | | (a) For the purposes of this Section, "hold order" means a | 11 | | written legal instrument issued to a pawnbroker by a law | 12 | | enforcement officer commissioned by the law enforcement agency | 13 | | of the municipality or county that licenses and regulates the | 14 | | pawnbroker evidencing a criminal law enforcement investigation | 15 | | and , ordering the pawnbroker to retain physical possession of | 16 | | pledged goods in the possession of the pawnbroker or property | 17 | | purchased by and in the possession of the pawnbroker and not to | 18 | | return, sell, or otherwise dispose of such property as such | 19 | | property is believed to be misappropriated goods. If the | 20 | | pledged goods are in the pawnbroker's possession at the time of | 21 | | the pawnbroker's receipt of the hold order, the pledged goods | 22 | | shall remain in the possession of the pawnbroker for the | 23 | | duration of the hold order and any subsequent extensions of the | 24 | | hold order. | 25 | | (b) Upon written notice from a law enforcement officer |
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| 1 | | indicating that property in the possession of a pawnbroker and | 2 | | subject to a hold order is needed for the purpose of furthering | 3 | | a criminal investigation and prosecution, the pawnbroker shall | 4 | | release the property subject to the hold order to the custody | 5 | | of the law enforcement officer for such purpose and the officer | 6 | | shall provide a written acknowledgment that the property has | 7 | | been released to the officer. The release of the property to | 8 | | the custody of the law enforcement officer shall not be | 9 | | considered a waiver or release of the pawnbroker's property | 10 | | rights or interest in the property. Upon completion of the | 11 | | criminal investigation, the property shall be returned to the | 12 | | pawnbroker who consented to its release; except that, if the | 13 | | law enforcement officer has not completed the criminal | 14 | | investigation within 120 days after the start of the holding | 15 | | period its release , the officer shall immediately return the | 16 | | property to the pawnbroker or obtain and furnish to the | 17 | | pawnbroker a warrant for the continued custody of the property. | 18 | | The pawnbroker shall not release or dispose of the property | 19 | | except pursuant to a court order or the expiration of the | 20 | | holding period of the hold order, including all extensions. | 21 | | In cases where criminal charges have been filed and the | 22 | | property may be needed as evidence, the prosecuting attorney | 23 | | shall notify the pawnbroker in writing. The notice shall | 24 | | contain the case number, the style of the case, and a | 25 | | description of the property. The pawnbroker shall hold such | 26 | | property until receiving notice of the disposition of the case |
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| 1 | | from the prosecuting attorney. The prosecuting attorney shall | 2 | | notify the pawnbroker and claimant in writing within 15 days | 3 | | after the disposition of the case.
| 4 | | (c) If at the completion of the criminal investigation, the | 5 | | law enforcement officer is able to determine the property | 6 | | subject to the hold order is stolen property and has identified | 7 | | the owner of the stolen property who has completed a police | 8 | | report, the pawnbroker shall return the property to the owner | 9 | | without the payment of the money advanced by the pawnbroker or | 10 | | any costs or charges of any kind that the pawnbroker may have | 11 | | placed upon the property. The pawnbroker shall be entitled to | 12 | | pursue a civil action against the perpetrator and any person | 13 | | who brought the property to the pawnbroker, and law enforcement | 14 | | shall provide all information related to those persons to the | 15 | | pawnbroker, without the need for a subpoena, court order, or | 16 | | further legal action or government filing. | 17 | | (d) A hold order must specify: | 18 | | (1) the name and address of the pawnbroker; | 19 | | (2) the name, title, and identification number of the | 20 | | law enforcement officer placing the hold order or the court | 21 | | placing the hold order; | 22 | | (3) a complete description of the property to be held, | 23 | | including model number and serial number, if applicable; | 24 | | (4) the name of the person reporting the property to be | 25 | | misappropriated unless otherwise prohibited by law; | 26 | | (5) the mailing address of the pawnbroker holding the |
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| 1 | | property; and | 2 | | (6) the expiration date of the holding period. | 3 | | (e) The pawnbroker or the pawnbroker's representative must | 4 | | sign and date a copy of the hold order as evidence of receipt | 5 | | of the hold order and the beginning of the 120-day holding | 6 | | period. | 7 | | (Source: P.A. 96-1365, eff. 7-28-10.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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