Illinois General Assembly - Full Text of HB1273
Illinois General Assembly

Previous General Assemblies

Full Text of HB1273  100th General Assembly


Rep. Michelle Mussman

Filed: 4/25/2017





10000HB1273ham002LRB100 03006 SMS 25484 a


2    AMENDMENT NO. ______. Amend House Bill 1273, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Pawnbroker Regulation Act is amended by
6changing Section 12 as follows:
7    (205 ILCS 510/12)
8    Sec. 12. Hold order.
9    (a) For the purposes of this Section, "hold order" means a
10written legal instrument issued to a pawnbroker by a law
11enforcement officer commissioned by the law enforcement agency
12of the municipality or county that licenses and regulates the
13pawnbroker, ordering the pawnbroker to retain physical
14possession of pledged goods in the possession of the pawnbroker
15or property purchased by and in the possession of the
16pawnbroker and not to return, sell, or otherwise dispose of



10000HB1273ham002- 2 -LRB100 03006 SMS 25484 a

1such property as such property is believed to be
2misappropriated goods.
3    (b) Upon written notice from a law enforcement officer
4indicating that property in the possession of a pawnbroker and
5subject to a hold order is needed for the purpose of furthering
6a criminal investigation and prosecution, the pawnbroker shall
7release the property subject to the hold order to the custody
8of the law enforcement officer for such purpose and the officer
9shall provide a written acknowledgment that the property has
10been released to the officer. The release of the property to
11the custody of the law enforcement officer shall not be
12considered a waiver or release of the pawnbroker's property
13rights or interest in the property. Upon completion of the
14criminal investigation, the property shall be returned to the
15pawnbroker who consented to its release; except that, if the
16law enforcement officer at the completion of the criminal
17investigation is able to determine the property subject to the
18hold order is stolen property and has identified the owner of
19the stolen property, the property shall be returned to the
20owner without the payment of the money advanced by the
21pawnbroker or any costs or charges of any kind that the
22pawnbroker may have placed upon the same. In the event that the
23law enforcement officer has not completed the criminal
24investigation within 120 days after its release, the officer
25shall immediately return the property to the pawnbroker or
26obtain and furnish to the pawnbroker a warrant for the



10000HB1273ham002- 3 -LRB100 03006 SMS 25484 a

1continued custody of the property. Once the hold order expires
2without an extension by court order or is rescinded, title to
3the property shall vest in and be deemed conveyed by operation
4of law to the pawnbroker, free of any liability for claims, but
5subject to any restrictions contained in the pawn transaction
6contract and subject to the provisions of this Section.
7    The pawnbroker shall not release or dispose of the property
8except pursuant to a court order or the expiration of the
9holding period of the hold order, including all extensions.
10    In cases where criminal charges have been filed and the
11property may be needed as evidence, the prosecuting attorney
12shall notify the pawnbroker in writing. The notice shall
13contain the case number, the style of the case, and a
14description of the property. The pawnbroker shall hold such
15property until receiving notice of the disposition of the case
16from the prosecuting attorney. The prosecuting attorney shall
17notify the pawnbroker and claimant in writing within 15 days
18after the disposition of the case.
19    (c) A hold order must specify:
20        (1) the name and address of the pawnbroker;
21        (2) the name, title, and identification number of the
22    law enforcement officer placing the hold order or the court
23    placing the hold order;
24        (3) a complete description of the property to be held,
25    including model number and serial number, if applicable;
26        (4) the name of the person reporting the property to be



10000HB1273ham002- 4 -LRB100 03006 SMS 25484 a

1    misappropriated unless otherwise prohibited by law;
2        (5) the mailing address of the pawnbroker where the
3    property is held; and
4        (6) the expiration date of the holding period.
5    (d) The pawnbroker or the pawnbroker's representative must
6sign and date a copy of the hold order as evidence of receipt
7of the hold order and the beginning of the 90-day holding
9(Source: P.A. 96-1365, eff. 7-28-10.)".