Bill Amendment: IL SB0156 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LAW ENFORCEMENT DISP PROPERTY
Status: 2015-04-23 - Added Alternate Co-Sponsor Rep. Elaine Nekritz [SB0156 Detail]
Download: Illinois-2015-SB0156-Senate_Amendment_001.html
Bill Title: LAW ENFORCEMENT DISP PROPERTY
Status: 2015-04-23 - Added Alternate Co-Sponsor Rep. Elaine Nekritz [SB0156 Detail]
Download: Illinois-2015-SB0156-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 156
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2 | AMENDMENT NO. ______. Amend Senate Bill 156 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Law Enforcement Disposition of Property Act | ||||||
5 | is amended by changing Sections 1, 2, 3, and 5 as follows:
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6 | (765 ILCS 1030/1) (from Ch. 141, par. 141)
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7 | Sec. 1.
This Act is applicable to all personal property | ||||||
8 | coming into the of which possession of
is transferred to a | ||||||
9 | police department or other law enforcement agency of
the State | ||||||
10 | or a
county, city, village or incorporated town, under | ||||||
11 | circumstances supporting
a reasonable belief that such | ||||||
12 | property is was abandoned, lost or stolen , or
otherwise | ||||||
13 | illegally possessed, except property seized during a search | ||||||
14 | that is , and
retained and ultimately returned, destroyed or | ||||||
15 | otherwise disposed of pursuant to a local ordinance of a county | ||||||
16 | or city with a population of more than 2,000,000 persons, or
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1 | pursuant to order of a court in accordance with Section 108-11, | ||||||
2 | 108-12 or
114-12 of the "Code of Criminal Procedure of 1963" or | ||||||
3 | other law
hereafter applicable to property thus retained, and | ||||||
4 | except property of
which custody and disposition is prescribed | ||||||
5 | by Article II of Chapter 4 of
The Illinois Vehicle Code.
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6 | (Source: P.A. 84-505 .)
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7 | (765 ILCS 1030/2) (from Ch. 141, par. 142)
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8 | Sec. 2.
(a) Such property believed to be abandoned, lost or | ||||||
9 | stolen or otherwise
illegally possessed shall be retained in | ||||||
10 | custody by the sheriff, chief of
police or other principal | ||||||
11 | official of the law enforcement agency, which
shall make | ||||||
12 | reasonable inquiry and efforts to identify and notify the owner
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13 | or other person entitled to possession thereof, and shall | ||||||
14 | return the
property after such person provides reasonable and | ||||||
15 | satisfactory proof of
his ownership or right to possession and | ||||||
16 | reimburses the agency for all
reasonable expenses of such | ||||||
17 | custody.
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18 | (b) Weapons that have been confiscated as a result of | ||||||
19 | having been
abandoned or illegally possessed may be destroyed | ||||||
20 | by the confiscating authority or
transferred to the Department | ||||||
21 | of State Police for use by the crime
laboratory system, for | ||||||
22 | training purposes, or for any other application as
deemed | ||||||
23 | appropriate by the Department, if no legitimate
claim is
made | ||||||
24 | for the confiscated weapon within 6 months of the date of
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25 | confiscation, or within 6 months of final court disposition if |
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1 | such
confiscated weapon was used for evidentiary purposes.
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2 | (Source: P.A. 85-632.)
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3 | (765 ILCS 1030/3) (from Ch. 141, par. 143)
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4 | Sec. 3.
If the identity or location of the owner or other | ||||||
5 | person entitled
to possession of the property has not been | ||||||
6 | ascertained within 6 months , or within 60 days in a county or | ||||||
7 | city with a population of more than 2,000,000 persons,
after | ||||||
8 | the police department or other law enforcement agency obtains | ||||||
9 | such
possession, the sheriff, chief of police or other | ||||||
10 | principal official
thereof shall sell effectuate the sale of | ||||||
11 | the property for cash to the highest
bidder at a public | ||||||
12 | auction, notice of which (including time, place and a
brief | ||||||
13 | description of such property) shall be published at least once | ||||||
14 | in a
newspaper of general circulation in the county wherein | ||||||
15 | such official has
authority , or continuously on the law | ||||||
16 | enforcement authority's Internet website, or any other | ||||||
17 | publicly accessible State, county, city, village, or | ||||||
18 | incorporated town's website, at least 10 days prior to such | ||||||
19 | auction. The notice for an online auction shall include the | ||||||
20 | name and address of the online auction company and state that | ||||||
21 | the sale of the property shall be completed no earlier than 10 | ||||||
22 | days from the solicitation for bids in the online auction. | ||||||
23 | However, if the
sheriff, chief of police, or other principal | ||||||
24 | law enforcement
official determines that the interests of the | ||||||
25 | public would best
be served thereby, he or she may donate |
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1 | property that is worth less than $100, if the donation is | ||||||
2 | approved by the governing body of which the law enforcement | ||||||
3 | agency is a part, to a charitable organization that is | ||||||
4 | currently registered in the State of Illinois, transfer custody | ||||||
5 | of the property to the government of
which his or her law | ||||||
6 | enforcement agency is a branch, or if the property is in
the | ||||||
7 | custody of a State law enforcement agency, it may be | ||||||
8 | transferred to the
Department of Central Management Services, | ||||||
9 | rather than effectuating
the sale of the property by
public | ||||||
10 | auction. Property offered but not
sold at such public auction | ||||||
11 | may be offered and sold at a subsequent public
auction without | ||||||
12 | such notice.
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13 | (Source: P.A. 97-28, eff. 1-1-12.)
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14 | (765 ILCS 1030/5) (from Ch. 141, par. 145)
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15 | Sec. 5.
The owner or other person entitled to possession of | ||||||
16 | such property
may claim and recover possession of the property | ||||||
17 | at any time before its
sale at public auction, upon providing | ||||||
18 | reasonable and satisfactory proof of
ownership or right to | ||||||
19 | possession and reimbursing the law enforcement agency
for all | ||||||
20 | reasonable expenses of custody thereof. The owner or other | ||||||
21 | person entitled to possession of property being sold through an | ||||||
22 | online auction may claim and recover possession of the property | ||||||
23 | at any time prior to the conclusion of the online auction upon | ||||||
24 | providing reasonable and satisfactory proof of ownership or | ||||||
25 | right to possession to the online auction provider and |
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1 | reimbursing the law enforcement agency for all reasonable | ||||||
2 | expenses relating to its custody of the property.
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3 | (Source: Laws 1963, p. 3287.)".
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