Bill Text: IL SB0747 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Law Enforcement Disposition of Property Act. Provides that the Act is applicable to all personal property coming into the possession of (instead of "of which possession is transferred to") a police department or other law enforcement agency of the State or a county, city, village or incorporated town, under circumstances supporting a reasonable belief that such property is (instead of "was") abandoned, lost or stolen, or otherwise illegally possessed. Adds an exception for property seized during a search that is retained and ultimately returned, destroyed or otherwise disposed of pursuant to a local ordinance of a county or city with a population of more than 2,000,000 persons. Provides that firearms (instead of "weapons") that have been confiscated may be destroyed by the confiscating authority. Provides that in a county or city with a population of more than 2,000,000 person, property may be auctioned off if a person entitled to possession is not located within 60 days (rather than 6 months). Provides that notice of the auction may be given by continuous posting on the law enforcement authority's Internet website, or any other publicly accessible State, county, city, village, or incorporated town's website, at least 10 days prior to the auction. Provides that the notice for an online auction shall include the name and address of the online auction company and state that the sale of the property shall be completed no earlier than 10 days from the solicitation for bids in the online auction. Provides that the owner or other person entitled to possession of property being sold through an online auction may claim and recover possession of the property at any time prior to the conclusion of the online auction upon providing reasonable and satisfactory proof of ownership or right to possession to the online auction provider and reimbursing the law enforcement agency for all reasonable expenses relating to its custody of the property.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2015-03-27 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB0747 Detail]

Download: Illinois-2015-SB0747-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0747 Introduced 2/3/2015, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
765 ILCS 1030/1 from Ch. 141, par. 141
765 ILCS 1030/2 from Ch. 141, par. 142
765 ILCS 1030/3 from Ch. 141, par. 143
765 ILCS 1030/5 from Ch. 141, par. 145
Amends the Law Enforcement Disposition of Property Act. Provides that the Act is applicable to all personal property coming into the possession of (instead of "of which possession is transferred to") a police department or other law enforcement agency of the State or a county, city, village or incorporated town, under circumstances supporting a reasonable belief that such property is (instead of "was") abandoned, lost or stolen, or otherwise illegally possessed. Adds an exception for property seized during a search that is retained and ultimately returned, destroyed or otherwise disposed of pursuant to a local ordinance of a county or city with a population of more than 2,000,000 persons. Provides that firearms (instead of "weapons") that have been confiscated may be destroyed by the confiscating authority. Provides that in a county or city with a population of more than 2,000,000 person, property may be auctioned off if a person entitled to possession is not located within 60 days (rather than 6 months). Provides that notice of the auction may be given by continuous posting on the law enforcement authority's Internet website, or any other publicly accessible State, county, city, village, or incorporated town's website, at least 10 days prior to the auction. Provides that the notice for an online auction shall include the name and address of the online auction company and state that the sale of the property shall be completed no earlier than 10 days from the solicitation for bids in the online auction. Provides that the owner or other person entitled to possession of property being sold through an online auction may claim and recover possession of the property at any time prior to the conclusion of the online auction upon providing reasonable and satisfactory proof of ownership or right to possession to the online auction provider and reimbursing the law enforcement agency for all reasonable expenses relating to its custody of the property.
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A BILL FOR
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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 Sections 1, 2, 3, and 5 as follows:
(765 ILCS 1030/1) (from Ch. 141, par. 141)
Sec. 1. This Act is applicable to all personal property
coming into the of which possession of is transferred to a
police department or other law enforcement agency of the State
or a county, city, village or incorporated town, under
circumstances supporting a reasonable belief that such
property is was abandoned, lost or stolen, or otherwise
illegally possessed, except property seized during a search
that is , and retained and ultimately returned, destroyed or
otherwise disposed of pursuant to a local ordinance of a county
or city with a population of more than 2,000,000 persons, or
pursuant to order of a court in accordance with Section 108-11,
108-12 or 114-12 of the "Code of Criminal Procedure of 1963" or
other law hereafter applicable to property thus retained, and
except property of which custody and disposition is prescribed
by Article II of Chapter 4 of The Illinois Vehicle Code.
(Source: P.A. 84-505.)

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(765 ILCS 1030/2) (from Ch. 141, par. 142)
Sec. 2. (a) Such property believed to be abandoned, lost or
stolen or otherwise illegally possessed shall be retained in
custody by the sheriff, chief of police or other principal
official of the law enforcement agency, which shall make
reasonable inquiry and efforts to identify and notify the owner
or other person entitled to possession thereof, and shall
return the property after such person provides reasonable and
satisfactory proof of his ownership or right to possession and
reimburses the agency for all reasonable expenses of such
custody.
(b) Firearms Weapons that have been confiscated as a result
of having been abandoned or illegally possessed may be
destroyed by the confiscating authority or transferred to the
Department of State Police for use by the crime laboratory
system, for training purposes, or for any other application as
deemed appropriate by the Department, if no legitimate claim is
made for the confiscated weapon within 6 months of the date of
confiscation, or within 6 months of final court disposition if
such confiscated weapon was used for evidentiary purposes.
(Source: P.A. 85-632.)
(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, or within 60 days in a county or

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city with a population of more than 2,000,000 persons, after
the police department or other law enforcement agency obtains
such possession, the sheriff, chief of police or other
principal official thereof shall sell 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, or continuously on the law
enforcement authority's Internet website, or any other
publicly accessible State, county, city, village, or
incorporated town's website, at least 10 days prior to such
auction. The notice for an online auction shall include the
name and address of the online auction company and state that
the sale of the property shall be completed no earlier than 10
days from the solicitation for bids in the online 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

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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. 97-28, eff. 1-1-12.)
(765 ILCS 1030/5) (from Ch. 141, par. 145)
Sec. 5. The owner or other person entitled to possession of
such property may claim and recover possession of the property
at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right to
possession and reimbursing the law enforcement agency for all
reasonable expenses of custody thereof. The owner or other
person entitled to possession of property being sold through an
online auction may claim and recover possession of the property
at any time prior to the conclusion of the online auction upon
providing reasonable and satisfactory proof of ownership or
right to possession to the online auction provider and
reimbursing the law enforcement agency for all reasonable
expenses relating to its custody of the property.
(Source: Laws 1963, p. 3287.)