HB1273 Engrossed LRB100 03006 SMS 13011 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Pawnbroker Regulation Act is amended by
5		changing 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
9		written legal instrument issued to a pawnbroker by a law
10		enforcement officer commissioned by the law enforcement agency
11		of the municipality or county that licenses and regulates the
12		pawnbroker, ordering the pawnbroker to retain physical
13		possession of pledged goods in the possession of the pawnbroker
14		or property purchased by and in the possession of the
15		pawnbroker and not to return, sell, or otherwise dispose of
16		such property as such property is believed to be
17		misappropriated goods.
18		(b) Upon written notice from a law enforcement officer
19		indicating that property in the possession of a pawnbroker and
20		subject to a hold order is needed for the purpose of furthering
21		a criminal investigation and prosecution, the pawnbroker shall
22		release the property subject to the hold order to the custody
23		of the law enforcement officer for such purpose and the officer

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1		shall provide a written acknowledgment that the property has
2		been released to the officer. The release of the property to
3		the custody of the law enforcement officer shall not be
4		considered a waiver or release of the pawnbroker's property
5		rights or interest in the property. Upon completion of the
6		criminal investigation, the property shall be returned to the
7		pawnbroker who consented to its release; except that, if the
8		law enforcement officer has not completed the criminal
9		investigation within 120 days after its release, the officer
10		shall immediately return the property to the pawnbroker or
11		obtain and furnish to the pawnbroker a warrant for the
12		continued custody of the property. If, when a piece of property
13		subject to a hold order is relinquished by a pawnbroker to a
14		law enforcement officer upon written notice from a law
15		enforcement officer that the property is needed for the purpose
16		of furthering a criminal investigation, it is discovered during
17		the pendency of such criminal investigation that the property
18		was stolen and the owner is identified, then the property shall
19		be returned to the owner thereof without the payment of the
20		money advanced by the pawnbroker thereon or any costs or
21		charges of any kind that the pawnbroker may have placed upon
22		the same, in accordance with Section 9 of this Act.
23		The pawnbroker shall not release or dispose of the property
24		except pursuant to a court order or the expiration of the
25		holding period of the hold order, including all extensions.
26		In cases where criminal charges have been filed and the

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1		property may be needed as evidence, the prosecuting attorney
2		shall notify the pawnbroker in writing. The notice shall
3		contain the case number, the style of the case, and a
4		description of the property. The pawnbroker shall hold such
5		property until receiving notice of the disposition of the case
6		from the prosecuting attorney. The prosecuting attorney shall
7		notify the pawnbroker and claimant in writing within 15 days
8		after the disposition of the case.
9		(Source: P.A. 96-1365, eff. 7-28-10.)