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Rep. Michelle Mussman
Filed: 4/27/2017
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| 1 | | AMENDMENT TO HOUSE BILL 1273
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1273, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Pawnbroker Regulation Act is amended by |
| 6 | | changing Sections 9 and 12 as follows:
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| 7 | | (205 ILCS 510/9) (from Ch. 17, par. 4659)
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| 8 | | Sec. 9.
No pawnbroker shall purchase or take any article in |
| 9 | | pawn or pledge from any
person appearing to be intoxicated, nor |
| 10 | | from
any person known to have been convicted of theft.
A law |
| 11 | | enforcement officer may provide such criminal conviction |
| 12 | | information
to a pawnbroker. When any
person is found to be
the |
| 13 | | owner of stolen property which has been pawned, such property |
| 14 | | shall be
returned to the owner thereof without the payment of |
| 15 | | the money advanced by
the pawnbroker thereon or any costs or |
| 16 | | charges of any kind which the
pawnbroker may have placed upon |
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| 1 | | the same.
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| 2 | | (Source: P.A. 84-1308.)
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| 3 | | (205 ILCS 510/12) |
| 4 | | Sec. 12. Hold order. |
| 5 | | (a) For the purposes of this Section, "hold order" means a |
| 6 | | written legal instrument issued to a pawnbroker by a law |
| 7 | | enforcement officer commissioned by the law enforcement agency |
| 8 | | of the municipality or county that licenses and regulates the |
| 9 | | pawnbroker, ordering the pawnbroker to retain physical |
| 10 | | possession of pledged goods in the possession of the pawnbroker |
| 11 | | or property purchased by and in the possession of the |
| 12 | | pawnbroker and not to return, sell, or otherwise dispose of |
| 13 | | such property as such property is believed to be |
| 14 | | misappropriated goods. |
| 15 | | (b) Upon written notice from a law enforcement officer |
| 16 | | indicating that property in the possession of a pawnbroker and |
| 17 | | subject to a hold order is needed for the purpose of furthering |
| 18 | | a criminal investigation and prosecution, the pawnbroker shall |
| 19 | | release the property subject to the hold order to the custody |
| 20 | | of the law enforcement officer for such purpose and the officer |
| 21 | | shall provide a written acknowledgment that the property has |
| 22 | | been released to the officer. The release of the property to |
| 23 | | the custody of the law enforcement officer shall not be |
| 24 | | considered a waiver or release of the pawnbroker's property |
| 25 | | rights or interest in the property. Upon completion of the |
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| 1 | | criminal investigation, the property shall be returned to the |
| 2 | | pawnbroker who consented to its release; except that, if the |
| 3 | | law enforcement officer at the completion of the criminal |
| 4 | | investigation is able to determine the property subject to the |
| 5 | | hold order is stolen property and has identified the owner of |
| 6 | | the stolen property, the property shall be returned to the |
| 7 | | owner without the payment of the money advanced by the |
| 8 | | pawnbroker or any costs or charges of any kind that the |
| 9 | | pawnbroker may have placed upon the same. In the event that the |
| 10 | | law enforcement officer has not completed the criminal |
| 11 | | investigation within 120 days after its release, the officer |
| 12 | | shall immediately return the property to the pawnbroker or |
| 13 | | obtain and furnish to the pawnbroker a warrant for the |
| 14 | | continued custody of the property. Once the hold order expires |
| 15 | | without an extension by court order or is rescinded, title to |
| 16 | | the property shall vest in and be deemed conveyed by operation |
| 17 | | of law to the pawnbroker, free of any liability for claims, but |
| 18 | | subject to any restrictions contained in the pawn transaction |
| 19 | | contract and subject to the provisions of this Section. |
| 20 | | The pawnbroker shall not release or dispose of the property |
| 21 | | except pursuant to a court order or the expiration of the |
| 22 | | holding period of the hold order, including all extensions. |
| 23 | | In cases where criminal charges have been filed and the |
| 24 | | property may be needed as evidence, the prosecuting attorney |
| 25 | | shall notify the pawnbroker in writing. The notice shall |
| 26 | | contain the case number, the style of the case, and a |
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| 1 | | description of the property. The pawnbroker shall hold such |
| 2 | | property until receiving notice of the disposition of the case |
| 3 | | from the prosecuting attorney. The prosecuting attorney shall |
| 4 | | notify the pawnbroker and claimant in writing within 15 days |
| 5 | | after the disposition of the case.
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| 6 | | (c) A hold order must specify: |
| 7 | | (1) the name and address of the pawnbroker; |
| 8 | | (2) the name, title, and identification number of the |
| 9 | | law enforcement officer placing the hold order or the court |
| 10 | | placing the hold order; |
| 11 | | (3) a complete description of the property to be held, |
| 12 | | including model number and serial number, if applicable; |
| 13 | | (4) the name of the person reporting the property to be |
| 14 | | misappropriated unless otherwise prohibited by law; |
| 15 | | (5) the mailing address of the pawnbroker where the |
| 16 | | property is held; and |
| 17 | | (6) the expiration date of the holding period. |
| 18 | | (d) The pawnbroker or the pawnbroker's representative must |
| 19 | | sign and date a copy of the hold order as evidence of receipt |
| 20 | | of the hold order and the beginning of the 90-day holding |
| 21 | | period. |
| 22 | | (Source: P.A. 96-1365, eff. 7-28-10.)".
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