SB 142 - Introduced Summary
- Introduced -

SB 142 - This act deals with pawnbrokers and revises provisions of SB 18 (1993) which pertained to pawnbrokers and stolen property.

A person who claims that pledged goods in the possession of a pawnbroker were stolen may reclaim the goods by filing a petition in a court of competent jurisdiction in the county where the goods were stolen or in the county where the pawnshop is located.

When notified that property in the possession of a pawnbroker is stolen property, the pawnbroker must investigate the claim. If the claim is valid and the property is not subject to a pawn transaction contract, the pawnbroker must return the property to the owner. Procedures for handling claims under pawn transaction contracts are included.

Fraudulently pledging or selling property is a Class B misdemeanor if the amount received by the customer was less then fifty dollars. If the amount received by the customer was more than fifty dollars but less than one hundred dollars, the crime shall be a Class A misdemeanor. Fraudulently pledging or selling property is a Class C felony if the amount received by a customer from the pawnbroker is one hundred fifty dollars or more.

The act contains provisions pertaining to property used by law enforcement officers in investigations and the subsequent return of the property to the pawnbroker.

When a law enforcement officer has probable cause to believe that stolen goods or property are in the possession of a pawnbroker, the officer may place a hold on the property. Information required by the hold order is specified.

Penalty provisions are included in the act.

TOM MORTON