Illinois General Assembly - Full Text of HB1438
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Full Text of HB1438  101st General Assembly


Rep. Michelle Mussman

Filed: 3/5/2019





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2    AMENDMENT NO. ______. Amend House Bill 1438 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 at the completion of the criminal
16investigation is able to determine the property subject to the
17hold order is stolen property and has identified the owner of
18the stolen property, the property shall be returned to the
19owner without the payment of the money advanced by the
20pawnbroker or any costs or charges of any kind that the
21pawnbroker may have placed upon the same. If the law
22enforcement officer has not completed the criminal
23investigation within 120 days after its release, the officer
24shall immediately return the property to the pawnbroker or
25obtain and furnish to the pawnbroker a warrant for the
26continued custody of the property.



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1    The pawnbroker shall not release or dispose of the property
2except pursuant to a court order or the expiration of the
3holding period of the hold order, including all extensions.
4    In cases where criminal charges have been filed and the
5property may be needed as evidence, the prosecuting attorney
6shall notify the pawnbroker in writing. The notice shall
7contain the case number, the style of the case, and a
8description of the property. The pawnbroker shall hold such
9property until receiving notice of the disposition of the case
10from the prosecuting attorney. The prosecuting attorney shall
11notify the pawnbroker and claimant in writing within 15 days
12after the disposition of the case.
13    Nothing in this Section alters the pawnbroker's
14obligations to the owner of property as detailed in Section 9
15or as provided in any other applicable federal or State law.
16    (c) A hold order must specify:
17        (1) the name and address of the pawnbroker;
18        (2) the name, title, and identification number of the
19    law enforcement officer placing the hold order or the court
20    placing the hold order;
21        (3) a complete description of the property to be held,
22    including model number and serial number, if applicable;
23        (4) the name of the person reporting the property to be
24    misappropriated unless otherwise prohibited by law;
25        (5) the mailing address of the pawnbroker where the
26    property is held; and



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1        (6) the expiration date of the holding period.
2    (d) The pawnbroker or the pawnbroker's representative must
3sign and date a copy of the hold order as evidence of receipt
4of the hold order and the beginning of the 120-day holding
6(Source: P.A. 96-1365, eff. 7-28-10.)".