SB 747

Abstract

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.