HCS HB 364, 33, 148, 187, 488 & 503 -- COURT PROCEEDINGS (May,
108)

This substitute makes several changes in law regarding various
court proceedings.

The substitute revises the laws regulating pawnshop operating
procedures, licensing, and filing a claim to retrieve stolen
property.

In its main provisions it:

(1)  Increases the maximum penalty a person faces for
misdemeanor violations of pawnbroker statutes from $1,000 to
$5,000, 6 months imprisonment, or both.  The person's pawnshop
license will be permanently revoked upon a second conviction;

(2)  Allows law enforcement officers to inspect property held by
a pawnbroker, without a warrant, if they make a request of the
pawnbroker and proceed in a manner that minimizes interference
with regular business operations;

(3)  Requires pawnbrokers to release to law enforcement, upon
written request, property in the possession of the pawnbroker
and subject to a hold order that is needed in furtherance of a
criminal investigation. At the close of the criminal
investigation, the property will be returned to the pawnbroker.
If the criminal investigation is not completed in 120 days, the
police must return the property to the pawnbroker or must
provide a warrant for its continued custody;

(4)  Establishes procedures for law enforcement to obtain a hold
order on property held by a pawnbroker that an officer has
probable cause to believe has been stolen.  Law enforcement
officers may place a renewable  written hold order, not to
exceed 2 months, but the hold order may be extended 2 additional
one month periods;

(5)  Makes a person guilty of the crime of fraudulently pledging
stolen goods, if the person fails to repay the pawnbroker within
10 days of formal notification that stolen property was involved
in the transaction.  The crime is a class B misdemeanor, a class
A misdemeanor, or a class C felony depending on the amount of
money involved in the transaction;

(6)  Establishes procedures for restoring stolen property to the
rightful owner.  A person may recover stolen property held by a
pawnbroker by first notifying the pawnbroker in writing of the
claim and, if unresolved after 10 days, filing a petition in a
circuit or small claims court.  The pawnbroker may
simultaneously bring an action against the person who pledged or
sold the stolen property.  If the property is found to be
stolen, the court will restore it to the original owner who may
recover legal costs from the pawnbroker who may, in turn,
recover all costs associated with the action from the person who
brought the property to the pawnbroker.  If the court finds that
the claimant is not entitled to the property, that person is
liable for costs associated with the action incurred by all
parties to the action.  The bill establishes a similar procedure
for reimbursing customers who unknowingly purchase stolen
merchandise from a pawnbroker;

(7)  Requires rent-to-own companies to affix permanent
identification labels to their rented property; and

(8)  Prohibits any county or municipality from enacting any
ordinances which are inconsistent with or more restrictive than
the provisions of the substitute.

In other areas of the law regulating court proceedings, the
substitute:

(1)  Lowers the minimum age for jury duty from 21 to 18;

(2)  Establishes a court cost of $200 in the twenty-second
circuit, to be assessed upon the impaneling of a jury in any
civil trial.  The court may waive the cost upon the application
by any party.  The money collected will be used to supplement
transportation costs for jurors in the circuit using public
transportation.  The jury commissioner, sheriff, and circuit
clerk will develop a plan, to be approved by the circuit judges
voting en banc, for the distribution of such money.

(3)  Repeals the provision requiring the cost of preparing a
trial transcript to be paid within 10 days of filing a notice of
appeal.  The substitute requires such payment to be made within
10 days of the completion of the transcript;

(4)  Allows a court discretion in the investing of funds from
the sale of real property ordered by the court.  Current law
limits such investing to bonds of the United States,
municipalities, or school districts and first mortgages on real
property in the state; and

(5)  Requires election contests for circuit or associate circuit
judgeships to be filed in adjoining circuit courts.

FISCAL NOTE:  No impact on state funds.

HCS HB 364, 33, 148, 187, 488 AND 503 -- COURT PROCEEDINGS

SPONSOR:  May (108)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 16  to 0.

This substitute makes several changes in law regarding various
court proceedings.

The substitute revises the laws regulating pawnshop operating
procedures, licensing and filing a claim to retrieve stolen
property.  In its main provisions it:

(1)  Increases the maximum penalty a person faces for
misdemeanor violations of pawnbroker statutes from $1,000 to
$5,000, 6 months imprisonment, or both.  The person's pawnshop
license will be permanently revoked upon a second conviction;

(2) Allows law enforcement officers to inspect property held by
a pawnbroker, without a warrant, if they make a request of the
pawnbroker and proceed in a manner that minimizes interference
with regular business operations;

(3)  Requires pawnbrokers to release to law enforcement, upon
written request, property in the possession of the pawnbroker
and subject to a hold order that is needed in furtherance of a
criminal investigation. At the close of the criminal
investigation, the property will be returned to the pawnbroker.
If the criminal investigation is not completed in 120 days, the
police must return the property to the pawnbroker or must
provide a warrant for its continued custody;

(4) Establishes procedures for law enforcement to obtain a hold
order on property held by a pawnbroker that an officer has
probable cause to believe has been stolen.  Law enforcement
officers may place a renewable  written hold order, not to
exceed 2 months, but the hold order may be extended 2 additional
one month periods;

(5)  Makes a person guilty of the crime of fraudulently pledging
stolen goods, if the person fails to repay the pawnbroker within
10 days of formal notification that stolen property was involved
in the transaction.  The crime is a class B misdemeanor, a class
A misdemeanor, or a class C felony depending on the amount of
money involved in the transaction;

(6)  Establishes procedures for restoring stolen property to the
rightful owner.  A person may recover stolen property held by a
pawnbroker by first notifying the pawnbroker in writing of the
claim and, if unresolved after 10 days, filing a petition in a
circuit or small claims court.  The pawnbroker may
simultaneously bring an action against the person who pledged or
sold the stolen property.  If the property is found to be
stolen, the court will restore it to the original owner who may
recover legal costs from the pawnbroker who may, in turn,
recover all costs associated with the action from the person who
brought the property to the pawnbroker.  If the court finds that
the claimant is not entitled to the property, that person is
liable for costs associated with the action incurred by all
parties to the action.  The bill establishes a similar procedure
for reimbursing customers who unknowingly purchase stolen
merchandise from a pawnbroker;

(7)  Requires rent-to-own companies to affix permanent
identification labels to their rented property; and

(8)  Prohibits any county or municipality from enacting any
ordinances which are inconsistent with or more restrictive than
the provisions of the substitute.

In other areas of the law regulating court proceedings, the
substitute:

(1) Lowers the minimum age for jury duty from 21 to 18;

(2) Establishes a court cost of $200 in the twenty-second
circuit, to be assessed upon the impaneling of a jury in any
civil trial.  The court may waive the cost upon the application
by any party.  The money collected will be used to supplement
transportation costs for jurors in the circuit using public
transportation.  The jury commissioner, sheriff, and circuit
clerk will develop a plan, to be approved by the circuit judges
voting en banc, for the distribution of such money.

(3) Repeals the provision requiring the cost of preparing a
trial transcript to be paid within 10 days of filing a notice of
appeal.  The substitute requires such payment to be made within
10 days of the completion of the transcript;

(4) Allows a court discretion in the investing of funds from the
sale of real property ordered by the court.  Current law limits
such investing to bonds of the United States, municipalities, or
school districts and first mortgages on real property in the
state; and

(5) Requires election contests for circuit or associate circuit
judgeships to be filed in adjoining circuit courts.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that regarding the court proceedings
involving stolen property recovered from a pawnbroker, people
find their belongings at these pawn shops, and they are unable
to get them back, short of buying them.  The "hold order"
process in current law is ineffective.  There needs to be an
easier, quicker way to protect people's property.  Regarding
jury transportation costs, parking is a real problem in downtown
St. Louis near the courts building.  People have to come down
for jury duty, where they are paid only $12 per day, and they
end up getting a $20 parking ticket.  Providing for free bus
transportation is one solution.  Regarding investment of money
by the courts, more discretion is required, because current law
permits only certain bonds.  These bonds can only be invested in
certain predetermined amounts, and for certain periods of time.
This results in much or all of the money not being invested at
all.  Regarding trial transcripts, the law allows 30 days to
order a transcript once an appeal is filed, but last year's
court cost bill requires payment for such a transcript within 10
days.  The bill changes it to 10 days after the transcript is
prepared.  Regarding juror eligibility, Missouri is one of two
states left that still require jurors to be age 21 or older.
Allowing people ages 18-20 to be jurors will add 250,000 names
to the jury pool, and help prevent recalling people who have
already served on a jury.  This will also make the judicial
process fairer because it will better represent the community.

Testifying for the bill were Representatives May (108),
Lograsso, Rizzo, Hosmer, and Bland; Missouri Pawnbrokers'
Association; Kansas City Police Department; Missouri Sheriffs'
Association; Daniel Raniere, Attorney; Greene County Circuit
Judge Don Bonacker; Missouri Bar; Missouri Association of Trial
Attorneys; Associated Students of the University of Missouri;
Mayor's Office of Kansas City; Jackson County Commission; and
the National Association of Human Rights Workers.

OPPONENTS:  There was no opposition voiced to the committee

Richard Smreker, Research Analyst

HB 364 -- Pawnbrokers

Co-Sponsors:  Rizzo, May (108)

This bill revises the laws regulating pawnshop licensing and
operating procedures.  In its main provisions it:

(1)  Increases the maximum penalty a person faces for
misdemeanor violations of pawnbroker statutes from $1,000 to
$5,000, 6 months imprisonment, or both.  The person's pawnshop
license will be permanently revoked upon a second conviction;

(2) Allows law enforcement officers to inspect property held by
a pawnbroker, without a warrant, if they make a request of the
pawnbroker and proceed in a manner that minimizes interference
with regular business operations;

(3)  Requires pawnbrokers to release to law enforcement, upon
written request, property in the possession of the pawnbroker
and subject to a hold order that is needed in furtherance of a
criminal investigation. At the close of the criminal
investigation, the property will be returned to the pawnbroker.
If the criminal investigation is not completed in 120 days, the
property may return to the pawnbroker or law enforcement must
obtain a warrant for its continued custody.

(4) Establishes procedures for law enforcement to obtain a hold
order on property held by a pawnbroker that an officer has
probable cause to believe has been stolen.  Law enforcement
officers may place a renewable  written hold order, not to
exceed 2 months, but the hold order may be extended 2 additional
one month periods;

(5)  Makes a person guilty of the crime of fraudulently pledging
stolen goods, if the person fails to repay the pawnbroker within
10 days of formal notification that stolen property was involved
in the transaction.  The crime is a class B misdemeanor, a class
A misdemeanor, or a class C felony depending on the amount of
money involved in the transaction;

(6)  Establishes procedures for restoring stolen property to the
rightful owner.  A person may recover stolen property held by a
pawnbroker by first notifying the pawnbroker in writing of the
claim and, if unresolved after 10 days, filing a petition in a
circuit or small claims court.  The pawnbroker may
simultaneously bring an action against the person who pledged or
sold the stolen property.  If the property is found to be
stolen, the court will restore it to the original owner who may
recover legal costs from the pawnbroker who may, in turn,
recover all costs associated with the action from the person who
brought the property to the pawnbroker.  If the court finds that
the claimant is not entitled to the property, that person is
liable for costs associated with the action incurred by all
parties to the action.  The bill establishes a similar procedure
for reimbursing customers who unknowingly purchase stolen
merchandise from a pawnbroker; and

(7)  Prohibits any county or municipality from enacting any
ordinances which are inconsistent with or more restrictive than
the provisions of this bill.