Rep. Michelle Mussman
Filed: 3/24/2017
 
 


 




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1
AMENDMENT TO HOUSE BILL 1273 




2 AMENDMENT NO. ______. Amend House Bill 1273 by replacing 
3everything after the enacting clause with the following:


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

6 (205 ILCS 510/12)
7 Sec. 12. Hold order.
8 (a) For the purposes of this Section, "hold order" means a 
9written legal instrument issued to a pawnbroker by a law 
10enforcement officer commissioned by the law enforcement agency 
11of the municipality or county that licenses and regulates the 
12pawnbroker, ordering the pawnbroker to retain physical 
13possession of pledged goods in the possession of the pawnbroker 
14or property purchased by and in the possession of the 
15pawnbroker and not to return, sell, or otherwise dispose of 
16such property as such property is believed to be 
 
 
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1misappropriated goods.
2 (b) Upon written notice from a law enforcement officer 
3indicating that property in the possession of a pawnbroker and 
4subject to a hold order is needed for the purpose of furthering 
5a criminal investigation and prosecution, the pawnbroker shall 
6release the property subject to the hold order to the custody 
7of the law enforcement officer for such purpose and the officer 
8shall provide a written acknowledgment that the property has 
9been released to the officer. The release of the property to 
10the custody of the law enforcement officer shall not be 
11considered a waiver or release of the pawnbroker's property 
12rights or interest in the property. Upon completion of the 
13criminal investigation, the property shall be returned to the 
14pawnbroker who consented to its release; except that, if the 
15law enforcement officer has not completed the criminal 
16investigation within 120 days after its release, the officer 
17shall immediately return the property to the pawnbroker or 
18obtain and furnish to the pawnbroker a warrant for the 
19continued custody of the property. If, when a piece of property 
20subject to a hold order is relinquished by a pawnbroker to a 
21law enforcement officer upon written notice from a law 
22enforcement officer that the property is needed for the purpose 
23of furthering a criminal investigation, it is discovered during 
24the pendency of such criminal investigation that the property 
25was stolen and the owner is identified, then the property shall 
26be returned to the owner thereof without the payment of the 
 
 
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1money advanced by the pawnbroker thereon or any costs or 
2charges of any kind that the pawnbroker may have placed upon 
3the same, in accordance with Section 9 of this Act. 
4 The pawnbroker shall not release or dispose of the property 
5except pursuant to a court order or the expiration of the 
6holding period of the hold order, including all extensions.
7 In cases where criminal charges have been filed and the 
8property may be needed as evidence, the prosecuting attorney 
9shall notify the pawnbroker in writing. The notice shall 
10contain the case number, the style of the case, and a 
11description of the property. The pawnbroker shall hold such 
12property until receiving notice of the disposition of the case 
13from the prosecuting attorney. The prosecuting attorney shall 
14notify the pawnbroker and claimant in writing within 15 days 
15after the disposition of the case.

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