Bill Amendment: IL HB1438 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CANNABIS REGULATION & TAX ACT

Status: 2019-06-25 - Public Act . . . . . . . . . 101-0027 [HB1438 Detail]

Download: Illinois-2019-HB1438-House_Amendment_001.html

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Rep. Michelle Mussman

Filed: 3/5/2019

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AMENDMENT TO HOUSE BILL 1438
AMENDMENT NO. ______. Amend House Bill 1438 by replacing
everything after the enacting clause with the following:
"Section 5. The Pawnbroker Regulation Act is amended by
changing Section 12 as follows:
(205 ILCS 510/12)
Sec. 12. Hold order.
(a) For the purposes of this Section, "hold order" means a
written legal instrument issued to a pawnbroker by a law
enforcement officer commissioned by the law enforcement agency
of the municipality or county that licenses and regulates the
pawnbroker, ordering the pawnbroker to retain physical
possession of pledged goods in the possession of the pawnbroker
or property purchased by and in the possession of the
pawnbroker and not to return, sell, or otherwise dispose of
such property as such property is believed to be

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misappropriated goods.
(b) Upon written notice from a law enforcement officer
indicating that property in the possession of a pawnbroker and
subject to a hold order is needed for the purpose of furthering
a criminal investigation and prosecution, the pawnbroker shall
release the property subject to the hold order to the custody
of the law enforcement officer for such purpose and the officer
shall provide a written acknowledgment that the property has
been released to the officer. The release of the property to
the custody of the law enforcement officer shall not be
considered a waiver or release of the pawnbroker's property
rights or interest in the property. Upon completion of the
criminal investigation, the property shall be returned to the
pawnbroker who consented to its release; except that, if the
law enforcement officer at the completion of the criminal
investigation is able to determine the property subject to the
hold order is stolen property and has identified the owner of
the stolen property, the property shall be returned to the
owner without the payment of the money advanced by the
pawnbroker or any costs or charges of any kind that the
pawnbroker may have placed upon the same. If the law
enforcement officer has not completed the criminal
investigation within 120 days after its release, the officer
shall immediately return the property to the pawnbroker or
obtain and furnish to the pawnbroker a warrant for the
continued custody of the property.

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

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