HB5341ham002 97TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 3/22/2012

09700HB5341ham002 LRB097 18349 PJG 67803 a

AMENDMENT TO HOUSE BILL 5341

AMENDMENT NO. ______. Amend House Bill 5341 by replacing everything after the enacting clause with the following:

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

(205 ILCS 510/12)

Sec. 12. Hold order.

(a) For the purposes of this Section, "hold order" means a written legal instrument issued to a pawnbroker by a law enforcement officer commissioned by the law enforcement agency of the municipality or county that licenses and regulates the pawnbroker, ordering the pawnbroker to retain physical possession of pledged goods in the possession of the pawnbroker or property purchased by and in the possession of the pawnbroker and not to return, sell, or otherwise dispose of such property as such property is believed to be misappropriated goods.

(b) Upon written notice from a law enforcement officer indicating that property in the possession of a pawnbroker and subject to a hold order is needed for the purpose of furthering a criminal investigation and prosecution, the pawnbroker shall release the property subject to the hold order to the custody of the law enforcement officer for such purpose and the officer shall provide a written acknowledgment that the property has been released to the officer. The release of the property to the custody of the law enforcement officer shall not be considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except that, if the law enforcement officer has not completed the criminal investigation within 120 days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.

The pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.

In cases where criminal charges have been filed and the property may be needed as evidence, the prosecuting attorney shall notify the pawnbroker in writing. The notice shall contain the case number, the style of the case, and a description of the property. The prosecuting attorney may retain custody of the property until the disposition of the case by providing written notice to the pawnbroker. If the prosecuting attorney does not retain custody of the property, the The pawnbroker shall hold such property until receiving notice of the disposition of the case from the prosecuting attorney. The prosecuting attorney shall notify the pawnbroker and claimant in writing within 15 days after the disposition of the case. If the prosecuting attorney has retained custody of the property until the disposition of the case, the property shall be returned to the pawnbroker within 15 days after the disposition of the case unless a court order stipulates transfer of ownership to another person. A court order stipulating transfer of ownership to another person shall provide that the defendant pay restitution to the pawnbroker in the amount received by the defendant for the property together with reasonable attorney's fees plus any interest or fees due to the pawnbroker.

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

Section 99. Effective date. This Act takes effect upon becoming law.".