Rep. Michelle Mussman

Filed: 4/25/2017

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1 AMENDMENT TO HOUSE BILL 1273

2 AMENDMENT NO. ______. Amend House Bill 1273, AS AMENDED, by

3 replacing everything after the enacting clause with the

4 following:

5 "Section 5. The Pawnbroker Regulation Act is amended by

6 changing 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

10 written legal instrument issued to a pawnbroker by a law

11 enforcement officer commissioned by the law enforcement agency

12 of the municipality or county that licenses and regulates the

13 pawnbroker, ordering the pawnbroker to retain physical

14 possession of pledged goods in the possession of the pawnbroker

15 or property purchased by and in the possession of the

16 pawnbroker and not to return, sell, or otherwise dispose of

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1 such property as such property is believed to be

2 misappropriated goods.

3 (b) Upon written notice from a law enforcement officer

4 indicating that property in the possession of a pawnbroker and

5 subject to a hold order is needed for the purpose of furthering

6 a criminal investigation and prosecution, the pawnbroker shall

7 release the property subject to the hold order to the custody

8 of the law enforcement officer for such purpose and the officer

9 shall provide a written acknowledgment that the property has

10 been released to the officer. ~~The release of the property to~~

11 ~~the custody of the law enforcement officer shall not be~~

12 ~~considered a waiver or release of the pawnbroker's property~~

13 ~~rights or interest in the property.~~ Upon completion of the

14 criminal investigation, the property shall be returned to the

15 pawnbroker who consented to its release; except that, if the

16 law enforcement officer at the completion of the criminal

17 investigation is able to determine the property subject to the

18 hold order is stolen property and has identified the owner of

19 the stolen property, the property shall be returned to the

20 owner without the payment of the money advanced by the

21 pawnbroker or any costs or charges of any kind that the

22 pawnbroker may have placed upon the same. In the event that the

23 law enforcement officer has not completed the criminal

24 investigation within 120 days after its release, the officer

25 shall immediately return the property to the pawnbroker or

26 obtain and furnish to the pawnbroker a warrant for the

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1 continued custody of the property. Once the hold order expires

2 without an extension by court order or is rescinded, title to

3 the property shall vest in and be deemed conveyed by operation

4 of law to the pawnbroker, free of any liability for claims, but

5 subject to any restrictions contained in the pawn transaction

6 contract and subject to the provisions of this Section.

7 The pawnbroker shall not release or dispose of the property

8 except pursuant to a court order or the expiration of the

9 holding period of the hold order, including all extensions.

10 In cases where criminal charges have been filed and the

11 property may be needed as evidence, the prosecuting attorney

12 shall notify the pawnbroker in writing. The notice shall

13 contain the case number, the style of the case, and a

14 description of the property. The pawnbroker shall hold such

15 property until receiving notice of the disposition of the case

16 from the prosecuting attorney. The prosecuting attorney shall

17 notify the pawnbroker and claimant in writing within 15 days

18 after 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

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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

6 sign and date a copy of the hold order as evidence of receipt

7 of the hold order and the beginning of the 90-day holding

8 period.

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