Bill Text: IL HB1553 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Law Enforcement Disposition of Property Act. Provides that if there is property in the custody of a law enforcement agency whose ownership has been unascertained for at least 6 months, a sheriff, police chief, or principal law enforcement official, who determines that the public interest would be served, may donate the property to a registered charity or transfer the property to the local government of which the official is a part or to the State (instead of transfer the property to the local government of which the official is a part or to the State).
Sponsorship: Slight Partisan Bill (Democrat 12-4)
Status: (Passed) 2011-06-28 - Public Act . . . . . . . . . 97-0028 [HB1553 Detail]
Download: Illinois-2011-HB1553-Chaptered.html
| ||||
| Public Act 097-0028 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Law Enforcement Disposition of Property Act | ||||
is amended by changing Section 3 as follows:
| ||||
(765 ILCS 1030/3) (from Ch. 141, par. 143)
| ||||
Sec. 3.
If the identity or location of the owner or other | ||||
person entitled
to possession of the property has not been | ||||
ascertained within 6 months
after the police department or | ||||
other law enforcement agency obtains such
possession, the | ||||
sheriff, chief of police or other principal official
thereof | ||||
shall effectuate the sale of the property for cash to the | ||||
highest
bidder at a public auction, notice of which (including | ||||
time, place and a
brief description of such property) shall be | ||||
published at least once in a
newspaper of general circulation | ||||
in the county wherein such official has
authority at least 10 | ||||
days prior to such auction. However, if the
sheriff, chief of | ||||
police, or other principal law enforcement
official determines | ||||
that the interests of the public would best
be served thereby, | ||||
he or she may donate property that is worth less than $100, if | ||||
the donation is approved by the governing body of which the law | ||||
enforcement agency is a part, to a charitable organization that | ||||
is currently registered in the State of Illinois, transfer | ||||
custody of the property to the government of
which his or her | ||
law enforcement agency is a branch, or if the property is in
| ||
the custody of a State law enforcement agency, it may be | ||
transferred to the
Department of Central Management Services, | ||
rather than effectuating
the sale of the property by
public | ||
auction. Property offered but not
sold at such public auction | ||
may be offered and sold at a subsequent public
auction without | ||
such notice.
| ||
(Source: P.A. 84-505.)
| ||
