MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representative Guice

AN ACT TO AMEND SECTION 75-67-305, MISSISSIPPI CODE OF 1972, TO REVISE THE INFORMATION REQUIRED TO BE RECORDED ON PAWN TICKETS; TO AMEND SECTION 75-67-309, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF ELECTRONIC TRANSMISSION FOR RECORDS; TO AMEND SECTION 75-67-315, MISSISSIPPI CODE OF 1972, TO REVISE THE LIST OF PROHIBITED ACTS OF PAWNBROKERS; TO AMEND SECTION 75-67-329, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CONFISCATION OF GOODS WITHOUT AN ARREST WARRANT; TO AMEND SECTION 75-67-335, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RESTITUTION TO PAWNBROKERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-67-305, Mississippi Code of 1972, is amended as follows:

75-67-305. At the time of making the pawn or purchase transaction, the pawnbroker shall enter upon the pawn ticket a record of the following information which shall be recorded on the receipt:

(a) A clear and accurate description of the property, including the following:

(i) Brand name;

(ii) Model number;

(iii) Serial number;

(iv) Size;

(v) Color, as apparent to the untrained eye;

(vi) Precious metal type, weight and content, if known;

(vii) Gemstone description, including the number of stones;

(viii) In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length and finish; and

(ix) Any other unique identifying marks, numbers, names or letters;

(b) The name, residence address and date of birth of pledgor or seller;

(c) Date of pawn or purchase transaction;

(d) Driver's license number or social security number or Mississippi identification card number, as defined in Section 45-35-1, Mississippi Code of 1972, of the pledgor or seller or identification information verified by at least two (2) forms of identification, one (1) of which shall be a photographic identification;

(e) Description of the pledgor including approximate height, sex and race, and a right or left inked thumbprint recorded on the original receipt;

(f) Amount of cash advanced;

(g) The maturity date of the pawn transaction and the amount due; and

(h) The monthly rate and pawn charge.

SECTION 2. Section 75-67-309, Mississippi Code of 1972, is amended as follows:

75-67-309. (1) The pledgor or seller shall sign a statement verifying that the pledgor or seller is the rightful owner of the goods or is entitled to sell or pledge the goods and shall receive an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any employee of the pawnbroker.

(2) The pawnbroker shall maintain a record of all transactions of pledged or purchased goods on the premises. A pawnbroker shall upon request provide to the appropriate law enforcement agency a complete record of all transactions. These records shall be a correct copy of the entries made of the pawn or purchase transaction, except as to the amount of cash advanced or paid for the goods and monthly pawnshop charge. If the appropriate law enforcement agency supplies the appropriate software, all transactions shall be delivered by means of electronic transmission through a modem or similar device or by delivery of a computer disk to the appropriate law enforcement agency within seventy-two (72) hours of the transaction.

(3) All goods purchased across the counter by the pawnbroker shall be maintained on the premises by the pawnbroker for at least thirty (30) calendar days before such goods can be offered for resale.

SECTION 3. Section 75-67-315, Mississippi Code of 1972, is amended as follows:

75-67-315. A pawnbroker and any clerk, agent or employee of such pawnbroker shall not:

(a) Fail to make an entry of any material matter in his record book;

(b) Make any false entry therein;

(c) Falsify, obliterate, destroy or remove from his place of business such records, books or accounts relating to the licensee's pawn transaction;

(d) Refuse to allow the commissioner, the appropriate law enforcement agency, the Attorney General or any other duly authorized state or federal law enforcement officer to inspect his pawn records or any pawn goods in his possession during the ordinary hours of business or other acceptable time to both parties;

(e) Fail to maintain a record of each pawn transaction for four (4) years;

(f) Accept a pledge or purchase property from a person under the age of eighteen (18) years;

(g) Make any agreement requiring the personal liability of a pledgor or seller, or waiving any of the provisions of this act or providing for a maturity date less than thirty (30) days after the date of the pawn transaction;

(h) Fail to return or replace pledged goods to a pledgor or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or a law enforcement officer or agency;

(i) Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or back to the seller in the same or related transaction;

(j) Sell or otherwise charge for insurance in connection with a pawn transaction;

(k) Remove pledged goods from the premises within thirty (30) days following the originally fixed maturity date;

(l) Accept pledged or purchased property from a person obviously under the influence of intoxicants at the time;

(m) Accept a pledge or purchase property when such property has manufacturer's serial numbers which have been removed and or obliterated;

(n) All merchandise which has been pledged or purchased by the pawnbroker shall be recorded on a receipt at the time of resale which lists the purchaser. The purchaser shall be identified on receipt by the means set forth in Section 75-67-305, as well as an accurate description of the property as set forth in Section 75-67-305, as well as the resale amount paid by the purchaser.

SECTION 4. 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; * * *

(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; and

(d) Pledged or purchased goods may also be confiscated without an arrest warrant because of time limitations if listed by NCIC as stolen property. Restitution in these cases shall be paid by the pledgor to the pawnbroker.

(2) Pledged or purchased goods can be put on a one-time seven-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 5. Section 75-67-335, Mississippi Code of 1972, is amended as follows:

75-67-335. If any pledged goods from a pawn transaction are found to be stolen goods and are returned to the rightful owner by law enforcement authorities and if the licensee who accepted such pledged goods has complied with all of the duties and responsibilities as specified in this article during such transaction, then the rightful owner of such pledged goods shall be liable to the licensee for the pledged amount if the rightful owner fails to prosecute or cooperate in the criminal prosecution related to such pawn transaction, provided that the rightful owner can prove that the stolen goods are his. It shall also be the responsibility of the licensee to assist or cooperate in the criminal prosecution related to such pawn transaction. Upon successful criminal prosecution, restitution shall be awarded to the pawnbroker by the criminal court at the time of the defendant's sentencing. If the identity of a person who pawned stolen goods can be determined, the district attorney may prosecute such person for any applicable criminal violations.

SECTION 6. This act shall take effect and be in force from and after July 1, 2000.