SS SCS HCS HB 1888 -- PAWNSHOPS; STEALING

This bill requires pawnshops to report certain information about
pawnshop transactions to appropriate law enforcement authorities.
Pawnshop owners may transmit the required information to a
database electronically.  Any reporting pawnshop is required to
submit transaction information to the database within one
business day and must make paper copies of transactions available
to law enforcement, upon request.  The database may be created
and maintained by a third party and accessed by law enforcement
officials in their investigations of alleged property crimes.
Any person who fraudulently accesses the database will be guilty
of a class C felony.  In addition, municipalities within St.
Louis County and St. Louis City may regulate the number of
pawnshop licensees.

The bill also requires proof of identification for persons
selling property to pawnbrokers.  If a seller or pledger fails to
provide proof of identity, the pawnbroker will hold the property
for 30 days and can then transfer the property if the seller
submits a signed statement attesting that he or she is the legal
owner and when and from whom the property was acquired.  A
claimant whose property was misappropriated may demand return of
the property in writing.  This written demand must be accompanied
by a copy of the police stolen property report and an affidavit.
If the demand is made, the pawnbroker must return the property to
the claimant, in the presence of a police officer, within seven
days.  However, if the pawnbroker has reason to believe any of
the statements in the affidavit are false, the pawnbroker need
not return the property and the claimant may seek relief in
court.  The non-prevailing party will be responsible for court
costs and the prevailing party's attorney fees.  Conversely, if
the pawnbroker returns the property but later discovers
information contained in the affidavit was false, or that the
claimant did not assist police in the prosecution of the theft,
the pawnbroker may file suit for the value of the property and
the non-prevailing party will be responsible for court costs and
the prevailing party's attorney fees.

Itinerant vendors and peddlers are required to provide proof of
purchase of any new or unused property.  Forging a receipt will
be prosecuted under Section 570.090, RSMo.

Altering a receipt, price tag, or price code with the intent to
cheat and defraud a retailer is made a stealing crime.  A
reasonable service charge on returned checks is allowed.

The bill also lowers the felony stealing threshold from $750 to
$500 and raises the felony threshold 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, computer equipment, or computer users; determination of
value; receiving stolen property; alteration 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, conversion, or transfer of food stamps or
Authorization to Participate cards; and perjury committed when
obtaining public assistance.  The bill also makes offenses in
which the value of property or services is an element (stealing)
a class C felony if the value is $500 to $25,000 and a class B
felony if the value is $25,000 or more.

A person who has pled guilty or been found guilty on two separate
occasions of a stealing-related offense, within 10 years of the
present offense and where the person received and served a
sentence of 10 days or more on the previous offense, is guilty of
a class C felony if the person is found guilty or pleads guilty
on the present offense.

The bill also adds an additional $1 per check charge to handling
costs collected from issuers of bad checks.  The charge will be
deposited in the Missouri Office of Prosecution Services Fund.

The bill contains a severability clause.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am