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.

Records and information provided to law enforcement agencies under this act shall be confidential and used only for the investigation and prosecution of crimes.

Property pawned that is the subject of a lease or rental agreement shall not be deemed misappropriated unless it is clearly and permanently marked as belonging to the claimant. If such property is not clearly marked, the claimant may recover the property upon payment of all moneys owed to the pawnbroker and proof of ownership. The pawnbroker will be free from liability in connection with the property.

Penalty provisions are included in the act.

JOAN GUMMELS