HB1438 EngrossedLRB101 04919 JRG 49928 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17misappropriated goods.
18    (b) Upon written notice from a law enforcement officer
19indicating that property in the possession of a pawnbroker and
20subject to a hold order is needed for the purpose of furthering
21a criminal investigation and prosecution, the pawnbroker shall
22release the property subject to the hold order to the custody
23of the law enforcement officer for such purpose and the officer



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1shall provide a written acknowledgment that the property has
2been released to the officer. The release of the property to
3the custody of the law enforcement officer shall not be
4considered a waiver or release of the pawnbroker's property
5rights or interest in the property. Upon completion of the
6criminal investigation, the property shall be returned to the
7pawnbroker who consented to its release; except that, if the
8law enforcement officer at the completion of the criminal
9investigation is able to determine the property subject to the
10hold order is stolen property and has identified the owner of
11the stolen property, the property shall be returned to the
12owner without the payment of the money advanced by the
13pawnbroker or any costs or charges of any kind that the
14pawnbroker may have placed upon the same. If the law
15enforcement 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.
20    The pawnbroker shall not release or dispose of the property
21except pursuant to a court order or the expiration of the
22holding period of the hold order, including all extensions.
23    In cases where criminal charges have been filed and the
24property may be needed as evidence, the prosecuting attorney
25shall notify the pawnbroker in writing. The notice shall
26contain the case number, the style of the case, and a



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1description of the property. The pawnbroker shall hold such
2property until receiving notice of the disposition of the case
3from the prosecuting attorney. The prosecuting attorney shall
4notify the pawnbroker and claimant in writing within 15 days
5after the disposition of the case.
6    Nothing in this Section alters the pawnbroker's
7obligations to the owner of property as detailed in Section 9
8or as provided in any other applicable federal or State law.
9    (c) A hold order must specify:
10        (1) the name and address of the pawnbroker;
11        (2) the name, title, and identification number of the
12    law enforcement officer placing the hold order or the court
13    placing the hold order;
14        (3) a complete description of the property to be held,
15    including model number and serial number, if applicable;
16        (4) the name of the person reporting the property to be
17    misappropriated unless otherwise prohibited by law;
18        (5) the mailing address of the pawnbroker where the
19    property is held; and
20        (6) the expiration date of the holding period.
21    (d) The pawnbroker or the pawnbroker's representative must
22sign and date a copy of the hold order as evidence of receipt
23of the hold order and the beginning of the 120-day holding
25(Source: P.A. 96-1365, eff. 7-28-10.)