Illinois § 15-55

§ 15-55.

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, evidencing a criminal law enforcement investigation, and ordering the pawnbroker to retain physical possession of pawned goods in the possession of the pawnbroker or property purchased by and in the possession of the pawnbroker and to not return, sell, or otherwise dispose of such property as such property is believed to be 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 law enforcement 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: (1) if the criminal investigation took place within a county or counties with a population of less than 300,000 and that investigation: (A) has determined that the property is stolen property, (B) has determined that the fair market value of the stolen property is $500 or less, (C) has identified the rightful owner of the stolen property, and (D) contains a court-admissible sworn statement by the rightful owner that they are the true owners of the stolen property, then law enforcement shall return the property to that 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; or (2) if the criminal investigation took place within a county or counties with a population of more than 300,000 and that investigation: (A) has determined that the property is stolen property, (B) has determined that the then-fair market value of the stolen property is $1,000 or less, (C) has identified the rightful owner of the stolen property, and (D) contains a court-admissible sworn statement by the rightful owner that they are the true owners of the stolen property, then law enforcement shall return the property to that 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. (c) After the return of said property, the pawnbroker shall not be liable to any private person or government entity for any further claims on the returned property. Law enforcement shall provide all information related to such persons involved in the investigation to the pawnbroker, including the investigative report, without the need for a subpoena, court order, or further legal action of government filing. The hold order shall expire on the 120th day after it is issued, at which time the pawnbroker may exercise its rights under any applicable pawn ticket or extension. If the law enforcement officer has not completed the criminal investigation within 120 days after the issuance of the hold order, the officer shall immediately return any property in law enforcement custody to the pawnbroker or obtain and furnish to the pawnbroker a warrant for a maximum 120-day hold order extension and, as applicable, continued law enforcement custody of the property. 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 the 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. (d) A hold order, and a foregoing notice of criminal charges, must specify: (1) the name and address of the pawnbroker; (2) the law enforcement investigation number, 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 available, to law enforcement; (4) the name of the alleged owner or person reporting the alleged misappropriated property, unless otherwise prohibited by law; (5) the mailing address of the pawnbroker where the property is held; and (6) the issuance and expiration date of the holding period. (e) 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. 103-585, eff. 3-22-24.)