- Perfected -

SCS/SBs 662 & 704 - This act provides that itinerant vendors and peddlers shall provide upon request by law enforcement officials proof of purchase of any unused property, and forging a receipt shall be prosecuted pursuant to Section 570.090, RSMo. "New and unused property" is defined as tangible personal property that has never been used since its production or manufacture and is in its original unopened package. The act also adds altering a receipt, price tag or price code with the intent to cheat and defraud a retailer to the list of stealing crimes, and provides for a reasonable service charge on returned checks.

This act lowers the felony stealing limit from $750 to $500, and raises the felony limit for numerous other crimes involving theft from $150 to $500. The other criminal statutes affected are: making a false statement to receive health care payment; sale of any species of wildlife; tampering with computer data; tampering with computer equipment; tampering with computer users; determination of value; receiving stolen property; alternation or removal of item numbers with intent to deprive rightful owner; passing bad checks; fraudulently stopping payment on an instrument; fraudulent use of a credit device; library theft; theft of cable television service; failure to return rented personal property; unlawful receipt of food stamps or ATP cards; unlawful conversion of food stamps or ATP cards; unlawful transfer of food stamps or ATP cards; and perjury, committed when obtaining public assistance.

This act provides that a pawnbroker shall require from those selling or pledging property proof of identification and a signed statement they are the legal owner. If a seller or pledger fails to also provide proof of ownership, the pawnbroker shall hold the property for ninety days. A claimant whose property was misappropriated may personally or by designee demand return of pledged or sold property upon providing proof of ownership and a copy of a police report indicating the property was stolen. If the pawnbroker refuses to return the property, or if the property is returned but the pawnbroker still claims an ownership interest, either the claimant or pawnbroker may file suit in court for a determination. The non-prevailing party shall be responsible for court costs and the prevailing party's attorney fees.

This act authorizes pawnshops to report certain information about pawnshop transactions to appropriate law enforcement authorities. Pawnshop owners may accomplish the necessary reporting by electronically transmitting the required information to a database. Any reporting pawnshop is required to submit transaction information to the database within one business day of the transaction. Such reporting pawnshop must make paper copies of transactions available to law enforcement, upon request. The act authorizes the creation of a database by a third party engaged in the business of operating databases. Law enforcement may then access the database in their investigation of alleged property crimes. Any person who fraudulently accesses the database shall be guilty of a Class C felony.

ERIC ROSENKOETTER