(765 ILCS 1030/0.01) (from Ch. 141, par. 140)
Sec. 0.01.
Short title.
This Act may be cited as the
Law Enforcement Disposition of Property Act.
(Source: P.A. 86-1324.)
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(765 ILCS 1030/1) (from Ch. 141, par. 141)
Sec. 1.
This Act is applicable to all personal property 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 was abandoned, lost or stolen or
otherwise illegally possessed, except property seized during a search, and
retained and ultimately returned, destroyed or otherwise disposed of
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) Weapons that have been confiscated as a result of having been
abandoned or illegally possessed may be
transferred to the Illinois 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. 102-538, eff. 8-20-21.)
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(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. 97-28, eff. 1-1-12.)
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(765 ILCS 1030/4) (from Ch. 141, par. 144)
Sec. 4.
Proceeds of the sale of the property at public auction, less
reimbursement to the law enforcement agency of the reasonable expenses of
custody thereof, shall be deposited in the treasury of the county, city,
village or incorporated town of which government the law enforcement agency
is a branch.
(Source: Laws 1963, p. 3287.)
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(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.
(Source: Laws 1963, p. 3287.)
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(765 ILCS 1030/6) (from Ch. 141, par. 146)
Sec. 6.
No person shall be responsible for consequent damages to another
occasioned by an act or omission in compliance with this Act.
(Source: Laws 1963, p. 3287.)
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