BILL NUMBER: SB 762 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hill
FEBRUARY 22, 2013
An act to amend Sections 21646 and 21647 of, and to add Section
21645.1 to, the Business and Professions Code, to amend Section
21206.8 of the Financial Code, and to amend Sections 1411 and 11108.5
of the Penal Code, relating to secondhand goods, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 762, as introduced, Hill. Secondhand goods.
(1) Existing law provides for the regulation of secondhand
dealers, as defined, and makes it unlawful for a person to engage in
the business of a secondhand dealer without a license issued by the
chief of police, the sheriff, or, where appropriate, the police
commission. Existing law makes it a crime, punishable by specified
fines or imprisonment, or both, if a person knowingly violates the
provisions regulating secondhand dealers. Existing law authorizes the
district attorney or the Attorney General to bring an action to
enjoin a violation or threatened violation of the provisions
regulating secondhand dealers.
This bill would require a person conducting business as a
secondhand dealer to provide a valid secondhand dealer license to any
peace officer upon demand. Under specified circumstances, the bill
would also authorize a peace officer to impound all secondhand
tangible personal property, as defined, or currency up to $25,000
found in the possession or control of the person if a secondhand
dealer license is not provided to the peace officer and the peace
officer has probable cause to believe the property or currency was
acquired while the person was operating as a secondhand dealer
without being licensed, except as specified. The bill would require
the imposition of storage charges for secondhand tangible personal
property impounded pursuant to these provisions, would authorize the
property or currency to be stored up to 90 days, and would set forth
requirements for the redemption, or the forfeiture or sale, of the
impounded property or currency. The bill would require an impounding
agency to satisfy specified requirements regarding impounded property
or currency that has not been redeemed and would require the
district attorney or city attorney to follow specified procedures
relative to forfeiture and claims to the property or currency. The
bill would establish a $100 fee for asserting a claim to the
impounded property or currency that is subject to forfeiture, would
require the fee to be reimbursed to a prevailing claimant, and would,
if a claimant does not prevail, require the fee to be distributed
between the district attorney or city attorney filing the action and
the Trial Court Trust Fund. The proceeds of any sale or forfeiture
under the bill would also be disbursed in a specified manner,
including, of any remaining proceeds, 10% to the Restitution Fund, a
continuously appropriated fund, thereby making an appropriation.
The bill would also authorize a nonprofit association composed of
50 or more licensed secondhand dealers to bring an action to enjoin a
person from conducting business as a secondhand dealer without being
licensed and would authorize an association that prevails in such an
action to be awarded reasonable attorney's fees and costs of suit,
as specified.
(2) Existing law authorizes a peace officer to place a hold on
property in possession of a pawnbroker, secondhand dealer, or coin
dealer if the peace officer has probable cause to believe that
property is stolen, as specified, and regulates the manner in which
the property is placed on hold, persons claiming the property are
notified, and disputes arising out of claims for the property are
adjudicated, as provided.
This bill would revise these provisions to, among other things,
require a peace officer to place a hold on stolen property, as
specified, limit the provisions to licensed pawnbrokers and
secondhand dealers, revise notification procedures regarding lost or
stolen property, and require a person claiming ownership of allegedly
stolen or embezzled property to file a written statement, signed
under penalty of perjury, stating the factual basis upon which they
claim ownership or an interest in the property.
(3) Because a knowing violation of the bill's provisions by a
person engaging in the business of a secondhand dealer would be a
crime, and because the bill would expand the crime of perjury, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21645.1 is added to the Business and
Professions Code, to read:
21645.1. (a) The Legislature hereby finds and declares that an
effective means of punishing and deterring the unlicensed practice of
dealing in secondhand tangible personal property, including, but not
limited to, gold jewelry, platinum jewelry, and sterling silver, and
to further effectuate the legislative intent of Section 21625, is
through the forfeiture of property acquired and accumulated by a
person who is required to be licensed pursuant to this article but is
found to be in violation of Section 21640. The provisions of this
section are intended to be in addition to the penalty provisions of
Section 21645.
(b) A person conducting business as a secondhand dealer, as
defined in Section 21626, shall provide a valid license issued under
this article to any peace officer upon demand.
(c) (1) If a person, after being convicted of operating an
unlicensed secondhand business at any time within the preceding five
years or after being issued a written warning within the preceding 12
months that the business must be licensed under this article, is
found buying secondhand tangible personal property from the public
and is unable to provide a valid secondhand dealer license issued
under this article on the demand of a peace officer as required by
subdivision (b), the peace officer may impound all secondhand
tangible personal property and any currency in an amount not to
exceed twenty-five thousand dollars ($25,000) found in the possession
or under the control of the person if, upon examination, the peace
officer has probable cause to believe the secondhand tangible
personal property or currency was acquired while the person was
operating as a secondhand dealer without being licensed, unless the
peace officer is reasonably able, by other means, to verify that the
person was properly licensed at the time the person acquired the
secondhand tangible personal property or currency.
(2) A peace officer shall not impound the secondhand tangible
personal property or any currency pursuant to this subdivision if
there is credible evidence establishing all of the following:
(A) The person conducting business as a secondhand dealer provides
documentation indicating that he or she held a valid secondhand
dealer license for that location at any time within the preceding 90
days, unless the license was terminated by the issuing agency and the
person was provided notice of termination.
(B) The person required to be licensed pursuant to this article
recorded and reported the acquisition of secondhand tangible personal
property pursuant to Section 21628.
(3) A peace officer may exercise discretion with respect to
impoundment under this subdivision if the person can establish that
he or she is an employee of a person required to be licensed under
this article, the employer is not present, and the person conducting
business as a secondhand dealer does not have management or control
of, or a financial interest in, the business for which a secondhand
dealer license is required under this article.
(4) A peace officer shall serve the person from whom secondhand
tangible personal property or currency is taken pursuant to this
subdivision with a notice specifying the requirements set forth in
subdivision (d), the right of the impounding agency to sell the
secondhand tangible personal property and forfeit the currency if the
requirements of subdivision (d) are not met within the statutory
time, and the right of the person from whom the secondhand tangible
personal property or currency is taken to challenge any sale or
forfeiture following service of the notice of forfeiture required
under subdivision (g). Within five days after the impoundment, the
peace officer shall also serve on the person from whom the secondhand
tangible personal property or currency is taken, and any secured
creditor, a notice advising those parties that they are entitled to a
postimpoundment hearing before the impounding agency within 30 days
after the service of the postimpoundment hearing notice. A person
from whom secondhand tangible personal property or currency is taken
may challenge the results of the postimpoundment hearing in the
appropriate court.
(d) Any secondhand tangible personal property or currency
impounded pursuant to subdivision (c) shall be stored for a period
not exceeding 90 days by the impounding officer, and shall be
available to be redeemed when both of the following conditions have
been satisfied:
(1) The person from whom the secondhand tangible personal property
or currency was taken has obtained or otherwise produced a valid
secondhand dealer license for the business as required under this
article.
(2) The reports of acquisition of secondhand tangible personal
property as required by Section 21628 have been completed for all of
the secondhand tangible personal property that was impounded.
(e) Storage charges shall be imposed for the secondhand tangible
personal property impounded under this section in accordance with
Section 21200.6 of the Financial Code.
(f) If after 60 days from the date of the impoundment the person
from whom the secondhand tangible personal property or currency was
taken has failed to satisfy the requirements of subdivision (d), the
impounding agency shall do all of the following:
(1) If the name of the seller, seller's identification, and
description of the secondhand tangible personal property is known,
the agency shall prepare the report of acquisition of secondhand
tangible personal property for all impounded property as required by
Section 21628 or verify that the report was duly transmitted to the
Department of Justice.
(2) Notify the district attorney or city attorney of the
impoundment and request a notice of forfeiture.
(g) The district attorney or city attorney shall serve on the
person from whom the secondhand tangible personal property or
currency was taken and on any secured creditor a notice of forfeiture
for all or part of the secondhand tangible personal property or
currency. The notice shall be issued by registered mail on or after
the 65th day following the impoundment. The notice shall state that
the person served with the notice of forfeiture has 15 calendar days
from the date of the mailing of the notice to file a claim. A secured
creditor located outside the State of California shall be allowed an
additional five days to file a claim. The notice shall identify the
name and address of the district attorney or city attorney who is
authorized to prosecute the forfeiture action and to receive
objections. If no claim has been received after service of the notice
of forfeiture, the impounding agency may sell the secondhand
tangible personal property to the highest bidder at a noticed, public
sale.
(h) If the district attorney or city attorney issuing the notice
of forfeiture does not receive a claim within the time limit provided
in subdivision (g), the district attorney or city attorney shall
sign and record with the county recorder a notice of forfeiture. A
written declaration of forfeiture by the district attorney or city
attorney shall be deemed to provide good and sufficient title to the
forfeited property or currency. Any property or currency impounded
but not forfeited shall be returned to the person from whom it was
taken within 90 days of the impoundment.
(i) (1) If the district attorney or city attorney receives a
timely claim, the district attorney or city attorney shall file a
petition for forfeiture within 10 days of receiving the claim with
the appropriate court hearing any criminal action brought under
Section 21640 or 21645. The district attorney or city attorney shall
establish an expedited hearing date in accordance with instructions
from the court and the court shall hear the matter without delay. A
fee of one hundred dollars ($100) shall be paid by any claimant but
shall be reimbursed by the impounding agency if the claimant
prevails. To the extent practicable, the civil and criminal cases, if
a criminal complaint is filed against the person who is accused of
operating as an unlicensed secondhand dealer, shall be heard at the
same time in an expedited, consolidated proceeding. A proceeding in
the civil case is a limited civil case.
(2) The fee shall be distributed equally between the district
attorney or city attorney filing the action and the Trial Court Trust
Fund.
(3) The burden of proof in the civil case shall be on the person
from whom the secondhand tangible personal property or currency was
taken to prove by a preponderance of the evidence that the secondhand
tangible personal property or currency has been acquired when the
person from whom it was seized was properly licensed under this
article and that the acquisition of the secondhand tangible personal
property or currency was duly reported pursuant to Section 21628. All
questions that may arise shall be decided and all other proceedings
shall be conducted as in an ordinary civil action.
(4) A judgment of forfeiture does not require as a condition
precedent the conviction of a defendant of an offense under this
article.
(5) The filing of a claim within the time limit specified in
subdivision (g) is a jurisdictional prerequisite for the availing of
the action authorized by that subdivision.
(j) All right, title, and interest in the secondhand tangible
personal property or currency shall vest in the impounding agency
upon commission of the act giving rise to the forfeiture. However,
the secondhand tangible personal property or currency shall not be
subject to forfeiture or sale until all court challenges are
resolved.
(k) Any secondhand tangible personal property that is not redeemed
pursuant to subdivision (d) and is subsequently forfeited pursuant
to a notice of forfeiture or a judgment of forfeiture shall be sold
to the highest bidder at a noticed, public sale. The notice shall be
published in a local paper of general jurisdiction nearest the
impounding agency within 10 days after that agency receives the
notice or judgment of forfeiture.
(l) The proceeds of any sale provided for pursuant to subdivision
(k) or the forfeiture of currency shall be distributed in the
following order:
(1) First to the impounding agency to satisfy the storage charge
provided in subdivision (e), if any.
(2) Second, to any secured creditor to satisfy the indebtedness of
the person from whom the secondhand tangible personal property or
currency was taken.
(3) Third, funds shall be made available to pay any local agency
and court costs that are reasonably related to the implementation of
this section and that remain unsatisfied.
(4) Of the remaining proceeds, 10 percent shall be deposited into
the Restitution Fund, 45 percent into the general fund of the city or
county or city and county that instituted the forfeiture, and 45
percent into the county or city and county in which the forfeiture
occurred.
(m) For purposes of this section, "secondhand tangible personal
property" shall mean and refer to gold, silver, platinum, palladium,
and jewelry made of gold, silver, platinum, palladium, or having any
diamond, ruby, emerald, or other precious stone, or any item
containing sterling or fine silver.
SEC. 2. Section 21646 of the Business and Professions Code is
amended to read:
21646. The district attorney or the Attorney General, in the name
of the people of the State of California, may bring an action to
enjoin the violation or the threatened violation of any provision of
this article or of any regulation made pertaining to the provisions
of this article. A nonprofit association composed of 50 or more
licensed pawnbrokers or secondhand dealers may bring an action to
enjoin a person from conducting business as a secondhand dealer
without being licensed as provided in this article. Any
proceeding brought hereunder shall be governed in all respects by the
provisions of Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure. In the case of a
nonprofit association bringing an action to enjoin a person from
conducting business as a secondhand dealer without being licensed, if
the association prevails and confers a public benefit by receiving
an injunction, it shall be awarded its reasonable attorney
's fees and costs of suit.
SEC. 3. Section 21647 of the Business and Professions Code is
amended to read:
21647. (a) Whenever any peace officer has probable cause to
believe that property, except coins, monetized bullion, or
"commercial grade ingots" as defined in subdivision (d) of Section
21627, in the possession of a pawnbroker, secondhand dealer,
or coin dealer licensed pawnbroker or secondhand
dealer is stolen, the peace officer may
shall place a hold on the property for a period not to exceed
90 days. When a peace officer places a hold on the property, the
peace officer shall give the pawnbroker, secondhand dealer,
or coin dealer licensed pawnbroker or secondhand
dealer a written notice at the time the hold is placed,
describing the item or items to be held. During that period the
pawnbroker, secondhand dealer, or coin dealer
licensed pawnbroker or secondhand dealer shall not release or
dispose of the property, except pursuant to a court order or upon
receipt of a written authorization signed by any peace officer who is
a member of the law enforcement agency of which the peace officer
placing the hold on the property is a member. A pawnbroker,
secondhand property dealer, or coin dealer licensed
pawnbroker or secondhand dealer shall not be subject to civil
liability for compliance with this section.
(b) (1) Whenever property that is in the
possession of a pawnbroker, secondhand dealer, or coin
dealer, whether or not the property has been placed on hold,
licensed pawnbroker or secondhand dealer, and that has
been placed on hold pursuant to this section, is required by a
peace officer in a criminal investigation, the pawnbroker,
secondhand dealer, or coin dealer, licensed pawnbroker
or secondhand dealer, upon reasonable notice, shall produce
the property at reasonable times and places or may deliver the
property to the peace officer upon the request of any peace officer.
If
(2) If property placed on hold pursuant
to this section is physically surrendered or delivered to law
enforcement during the period of the hold, the hold and the
pawnbroker's lien against the property shall continue. Upon
termination of criminal proceedings for which the property was placed
on hold, the property shall be returned to the pawnbroker
from whom it was taken for disposition provided under subdivision
(d).
(c) Whenever a law enforcement agency has knowledge that property
in the possession of a pawnbroker, secondhand dealer, or
coin dealer licensed pawnbroker or secondhand dealer
has been reported as lost or stolen, the law enforcement agency
shall , within two business days after placing the hold on the
property pursuant to this section, notify in writing the person
who reported the property as lost or stolen of the following:
(1) The name, address, and telephone number of the
pawnbroker, secondhand dealer, or coin dealer licensed
pawnbroker or secondhand dealer who reported the acquisition
of the property.
(2) That the law neither requires nor prohibits payment of a fee
or any other condition in return for the surrender of the property,
except that when the person who reported the property lost or stolen
does not choose to participate in the prosecution of an identified
alleged thief, the person shall pay the pawnbroker,
secondhand dealer, or coin dealer licensed pawnbroker
or secondhand dealer the "out-of-pocket" expenses paid in the
acquisition of the property in return for the surrender of the
property.
(3) That if the person who reported the property as lost or stolen
takes no action to recover the property from the
pawnbroker, secondhand dealer, or coin dealer licensed
pawnbroker or secondhand dealer within 60 days of the mailing
of the notice, the pawnbroker, secondhand dealer, or coin
dealer licensed pawnbroker or secondhand dealer
may treat the property as other property received in the ordinary
course of business. During the 60-day notice period, the
pawnbroker, secondhand dealer, or coin dealer licensed
pawnbroker or secondhand dealer may not release the property
to any other person.
(4) That a copy of the notice, with the address of the person who
reported the property as lost or stolen deleted, will be mailed to
the pawnbroker, secondhand dealer, or coin dealer
licensed pawnbroker or secondhand dealer who is in
possession of the property.
(d) When property that is in the possession of a
pawnbroker, secondhand dealer, or coin dealer licensed
pawnbroker or secondhand dealer is subject to a hold as
provided in subdivision (a), and the property is no longer required
for the purpose of a criminal investigation, the law enforcement
agency that placed the hold on the property shall release the hold on
the property. When the law enforcement agency has knowledge that the
property has been reported lost or stolen, the law enforcement
agency shall then make notification to the person who reported the
property as lost or stolen pursuant to subdivision (c).
(e) If a pledgor seeks to redeem property that is subject to a
hold, the pawnbroker shall advise the pledgor of the name of the
peace officer who placed the hold on the property and the name of the
law enforcement agency of which the officer is a member. If the
property is not required to be held pursuant to a criminal
prosecution the hold shall be released.
(f) Whenever information regarding allegedly lost or stolen
property is entered into the Department of Justice automated property
system or automated firearms system, and the property is thereafter
identified and found to be in the possession of a
pawnbroker, secondhand dealer, or coin dealer, and the property is
thereafter placed on a hold pursuant to this section and the
licensed pawnbroker or secondhand dealer,
the property shall be placed on a hold pursuant to this section and
Section 11108.5 of the Penal Code.
(g) If the hold, including any
additional hold, is allowed to lapse, or 60 days elapse following the
delivery of the notice required to be given by subdivision (c)
of this section to the person who reported the property to be
lost or stolen without a claim being made by that person, whichever
is later, the pawnbroker, secondhand dealer, or coin dealer
licensed pawnbroker or secondhand dealer may
mail under a Certificate of Mailing issued by the United States Post
Office, addressed to the law enforcement agency that placed the
property on hold, a written request to delete the property listing
from the Department of Justice automated property system or automated
firearms system, as is applicable. Within 30 days after the request
has been mailed, the law enforcement agency shall either cause the
property listing to be deleted as requested or place a hold on the
property. If no law enforcement agency takes any further action with
respect to the property within 45 days after the mailing of the
request, the pawnbroker, secondhand dealer, or coin dealer
licensed pawnbroker or secondhand dealer may
presume that the property listing has been deleted as requested and
may thereafter deal with the property accordingly, and shall not be
subject to liability arising from the failure of the removal of the
property listing from the Department of Justice automated property
system or automated firearms system.
(g) Nothing in this section shall be construed to alter the
authority of a peace officer to seize property pursuant to any other
provision of statutory or case law.
(h) A licensed pawnbroker or secondhand dealer shall not refuse a
request to place property in their possession on hold pursuant to
this section when a peace officer has probable cause to believe the
property is stolen. If a licensed pawnbroker or secondhand dealer
refuses a request to place property on hold pursuant to this section,
after being provided written notice of the provisions of this
section, the property may be seized with or without a warrant. The
peace officer shall issue a receipt as described in Section 21206.7
of the Financial Code, left with the licensed pawnbroker or
secondhand dealer. The property shall be disposed of pursuant to
procedures set forth in Section 21206.8 of the Financial Code, which
shall apply to both licensed pawnbrokers and secondhand dealers under
this section.
(i) A search warrant shall not be issued for the search of the
business of a licensed pawnbroker or secondhand dealer, unless the
application by the peace officer discloses the peace officer's prior
efforts taken to utilize the hold procedures set forth in this
section and establishes to the issuing magistrate's satisfaction that
the licensed pawnbroker or secondhand dealer has refused to
voluntarily surrender the stolen or embezzled property, or that there
is probable cause to believe that the stolen or embezzled property
is willfully being concealed by the licensed pawnbroker or secondhand
dealer and that any notice required by this section would frustrate
the criminal investigation of the licensed pawnbroker or secondhand
dealer.
(j) If a civil or criminal court is called upon to adjudicate the
competing claims of a licensed pawnbroker or secondhand dealer and
another party claiming ownership or an interest in the property that
is or was subject to a hold pursuant to this section, the court shall
award possession of the property only after due consideration is
given to the effect of Section 2403 of the Commercial Code.
SEC. 4. Section 21206.8 of the Financial Code is amended to read:
21206.8. (a) Notwithstanding the provisions of Chapter 12
(commencing with Section 1407) of Title 10 of Part 2 of the Penal
Code, whenever property alleged to have been lost, stolen
, or embezzled is taken from a pawnbroker, the peace
officer, magistrate, court, clerk, or other person having custody of
the property shall not deliver the property to any person claiming
ownership unless the provisions of this section are complied with.
(b) (1) If any person makes a claim of ownership, the person
shall file a written statement, signed under penalty of perjury,
stating the factual basis upon which they claim ownership or an
interest in the property with the person having custody of the
property , and the person having custody of the property
shall notify the pawnbroker of the claim by providing a true and
correct copy of the claim to the pawnbroker .
(2) If the pawnbroker makes no claim with respect to the property
within 10 days of such notification, the property may be disposed of
as otherwise provided by law.
(3) In adjudicating the competing claims of a pawnbroker and a
person claiming ownership or an interest in the property seized from
a pawnbroker, the magistrate or the person having custody of the
property shall give due consideration to the effect Section 2403 of
the Commercial Code may have on the claims.
(4) At least 30 calendar days before any hearing adjudicating any
competing claims of a pawnbroker and a person claiming ownership or
an interest in the property, the person having custody of the
property shall deliver to the pawnbroker a true and correct copy of
the police report substantiating the basis of the seizure of the
property from the pawnbroker.
(c) If property alleged to have been stolen or embezzled is taken
from a pawnbroker, prior to any disposal of the property pursuant to
Section 1411 of the Penal Code, the notice to be given to the owner
and owner of a security interest pursuant to Section 1411 shall be
given to the pawnbroker. Such property shall not be disposed of
pursuant to Section 1411 until three months after such notice has
been given.
(d) A pawnbroker shall not be liable to any person for any
property seized from the pawnbroker on account of the pawnbroker's
inability to return the property to that person because of the
seizure.
SEC. 5. Section 1411 of the Penal Code is amended to read:
1411. (a) If the ownership of the property
stolen or embezzled and the address of the owner, and the address of
the owner of a security interest therein, can be reasonably
ascertained, the peace officer who took custody of the property shall
notify the owner, and a person having a security interest therein,
by letter of the location of the property and the method by which the
owner may obtain it. This notice shall be given upon the conviction
of a person for an offense involving the theft, embezzlement, or
possession of the property, or if a conviction was not obtained, upon
the making of a decision by the district attorney not to file the
case or upon the termination of the proceedings in the case. Except
as provided in Section 217 of the Welfare and Institutions Code, if
the property stolen or embezzled is not claimed by the owner before
the expiration of three months after the giving of this notice, or,
in any case in which such a notice is not given, before the
expiration of six months from the conviction of a person for an
offense involving the theft, embezzlement, or possession of the
property, or if a conviction was not obtained, then from the time the
property came into the possession of the peace officer or the case
involving the person from whom it was obtained is disposed of,
whichever is later, the magistrate or other officer having it in
custody may, on the payment of the necessary expenses incurred in its
preservation, deliver it to the county treasurer or other proper
county officer, by whom it shall be sold and the proceeds paid into
the county treasury. However,
notwithstanding any other provision of
law, if the person from whom custody of the property was
taken is a secondhand dealer or licensed pawnbroker and reasonable
but unsuccessful efforts have been made to notify the owner of the
property and the property is no longer needed for the criminal
proceeding, the property shall be returned to the secondhand dealer
or pawnbroker who had custody of the property and be treated as
regularly acquired property. If the property is transferred to the
county purchasing agent it may be sold in the manner provided by
Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of
Division 2 of Title 3 of the Government Code for the sale of surplus
personal property. If the county officer determines that any of the
property transferred to him or her for sale is needed for a public
use, the property may be retained by the county and need not be sold.
The magistrate or other officer having the property in custody may,
however, provide for the sale of the property in the manner provided
for the sale of unclaimed property which has been held for at least
three months pursuant to Section 2080.4 of the Civil Code.
(b) This section shall not govern the disposition of property
placed on hold pursuant to Section 21647 of the Business and
Professions Code, notwithstanding the current custodial status of the
property, unless the licensed pawnbroker or secondhand dealer, after
receipt of the written advisement required by subdivision (h) of
Section 21647 of the Business and Professions Code, willfully refuses
to consent to a statutory hold as provided by Section 21647 of the
Business and Professions Code or a search warrant for the business of
the licensed pawnbroker or secondhand dealer has resulted in the
seizure of the property subject to this section.
SEC. 6. Section 11108.5 of the Penal Code is amended to read:
11108.5. (a) If a law enforcement agency identifies serialized
property or any property reported pursuan t to
Section 21628 of the Business and Professions Code that has
been reported lost or stolen by the owner or a person entitled to
possession of the property and the property has been entered into the
appropriate Department of Justice automated property system pursuant
to Section 11108, the agency shall notify the owner or person
claiming to be entitled to possession of the property of the
location of the property within 15 days of making the identification.
If the location of the property was reported by a licensed
pawnbroker or secondhand dealer pursuant to Section 21630 of the
Business and Professions Code, notwithstanding the method by
which the property was identified, notice shall be given to the
party who reported the property lost or stolen pursuant to Section
21647 of the Business and Professions Code.
(b) If the property is in the custody of the law enforcement
agency and it is determined that the property is no longer required
for use as evidence in a criminal case, the property shall be made
available to the person entitled to possession pursuant to Section
1417.5 or if the property was found in the possession of a
licensed pawnbroker or secondhand dealer, pursuant to Section 21647
of the Business and Professions Code .
(c) Subdivision (a) shall not apply to the return to an owner of a
lost or stolen vehicle, as defined in Section 670 of the Vehicle
Code.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.