BILL ANALYSIS �
SB 762
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Date of Hearing: August 30, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 762 (Hill) - As Amended: August 21, 2013
Policy Committee: Business and
Professions Vote: 12 - 0
Public Safety 6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill clarifies the interests of licensed pawnbrokers and
secondhand dealers relating to the seizure and disposition of
property during a criminal investigation or criminal case.
Specifically, this bill:
1)Revises the 90-day hold law enforcement may place on property
in possession of a pawn broker to, among other things,
authorize a peace officer to also place a hold on property the
officer has probable cause to believe is lost or embezzled.
2)Permits the law enforcement agency to extend the hold beyond
90 days, as specified, until the conclusion of the criminal
proceedings.
3)Authorizes a peace officer to take physical possession of
property as evidence if the property is placed on hold.
4)Provides that if a search warrant is issued for the search of
the business of a licensed pawnbroker or secondhand dealer to
secure lost, stolen, or embezzled property, the hold would
continue as long as the property is subject to the
jurisdiction of the court.
5)Requires that a person claiming ownership of the 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.
6)Requires that law enforcement must return property that it has
SB 762
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taken physical possession of at the conclusion of the criminal
proceedings.
FISCAL EFFECT
Any costs associated with this legislation should be minor and
absorbable within existing resources.
COMMENTS
1)Purpose . This bill provides a new level of due process
protection for licensed pawnbrokers and secondhand dealers to
ensure they receive or retain certain property that is no
longer a part of a criminal investigation. The bill clarifies
how and when law enforcement can seize property from a pawn
broker or, alternatively, place a hold on the property. In
addition, it specifies a new formula for certain property
obtained by forfeiture to be disbursed to certain public funds
or agencies.
2)Related Legislation . AB 391 (Pan, Statutes of 2012) requires
secondhand dealers and coin dealers to report certain
information using the electronic reporting system developed by
DOJ on and after the date that the system is implemented.
AB 704 (Ma), 2011 required that a person conducting business
as a secondhand dealer provide specified information to any
peace officer upon demand to allow for the storage of the item
for up to 90 days, and required an impounding agency to
satisfy specified requirements regarding impounded property.
This bill was never heard in the Assembly Judiciary Committee.
AB 1796 (Galgiani), 2012 would have included in the definition
of criminal profiteering, the unlicensed sale of tangible
personal property or other secondhand goods, including gold
and other precious metals, without a license. This bill
failed passage in the Assembly Public Safety Committee.
SB 1520 (Schiff, Statutes of 2000) makes the reporting system
for pawned and secondhand property more effective for law
enforcement purposes through development of specified
reporting categories and reporting in electronic form.
SB 762
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Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081