House Bill 1158

AN ACT TO AMEND SECTION 75-67-329, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR THE CONFISCATION OF PLEDGED OR PURCHASED GOODS FROM A PAWNSHOP; 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 and based on an affidavit signed by the victim of theft; 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-day hold by the authorized law enforcement authorities, and if the pledged or purchased goods are determined to be stolen, those pledged or purchased goods shall remain on the licensee's premises until restitution is made to the licensee.

(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, or when the rightful owner fails to prosecute or cooperate in the criminal prosecution related to such pawn transaction.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.