MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Compretta

AN ACT TO AMEND SECTION 75-67-329, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A WARRANT SWORN OUT FOR A PERSON WHO PLEDGED OR SOLD GOODS SHALL BE REQUIRED TO CONFISCATE GOODS AT A PAWNSHOP ONLY IF SUCH WARRANT HAS BEEN ISSUED; TO AMEND SECTION 97-17-70, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PROPERTY RETAINED BY A PAWNSHOP AT THE DIRECTION OF A LAW ENFORCEMENT AGENCY SHALL NOT BE CONSIDERED RECEIVING STOLEN PROPERTY; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-67-329, Mississippi Code of 1972, is amended as follows:

75-67-329. (1) No pledged or purchased goods can be confiscated without specifically accomplishing the following actions:

(a) A police report being made in a timely manner;

(b) A warrant sworn out for the person who pledged or sold the goods to the pawnbroker if such warrant has been issued; and

(c) A theft report, or a National Crime Information Center (NCIC) report, identifying the merchandise to be confiscated along with a request for restitution, pursuant to law.

(2) Pledged or purchased goods can be put on a one-time seven (7) day hold by the authorized law enforcement authorities.

(3) Confiscated merchandise shall be returned to the pawnbroker by the law enforcement authorities as soon as possible when determined that the merchandise has no rightful owner.

SECTION 2. Section 97-17-70, Mississippi Code of 1972, is amended as follows:

97-17-70. (1) A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner or the property is possessed, received or retained by a pawnshop at the direction of a law enforcement agency in connection with an investigation.

(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

(3) Any person who shall be convicted of receiving stolen property which exceeds Two Hundred Fifty Dollars ($250.00) in value shall be committed to the custody of the State Department of Corrections for a term not exceeding five (5) years or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

(4) Any person who shall be convicted of receiving stolen property which does not exceed Two Hundred Fifty Dollars ($250.00) in value shall be punished by imprisonment for not more than six (6) months or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

SECTION 3. This act shall take effect and be in force from and after its passage.