HB1438 Engrossed LRB101 04919 JRG 49928 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 at the completion of the criminal
9		investigation is able to determine the property subject to the
10		hold order is stolen property and has identified the owner of
11		the stolen property, the property shall be returned to the
12		owner without the payment of the money advanced by the
13		pawnbroker or any costs or charges of any kind that the
14		pawnbroker may have placed upon the same. If the law
15		enforcement officer has not completed the criminal
16		investigation within 120 days after its release, the officer
17		shall immediately return the property to the pawnbroker or
18		obtain and furnish to the pawnbroker a warrant for the
19		continued custody of the property.
20		The pawnbroker shall not release or dispose of the property
21		except pursuant to a court order or the expiration of the
22		holding period of the hold order, including all extensions.
23		In cases where criminal charges have been filed and the
24		property may be needed as evidence, the prosecuting attorney
25		shall notify the pawnbroker in writing. The notice shall
26		contain the case number, the style of the case, and a

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1		description of the property. The pawnbroker shall hold such
2		property until receiving notice of the disposition of the case
3		from the prosecuting attorney. The prosecuting attorney shall
4		notify the pawnbroker and claimant in writing within 15 days
5		after the disposition of the case.
6		Nothing in this Section alters the pawnbroker's
7		obligations to the owner of property as detailed in Section 9
8		or 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
22		sign and date a copy of the hold order as evidence of receipt
23		of the hold order and the beginning of the 120-day holding
24		period.
25		(Source: P.A. 96-1365, eff. 7-28-10.)