By Hochberg H.B. No. 2569
77R8535 ATP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements of pawnbrokers concerning reporting
1-3 information and handling property involved in a law enforcement
1-4 investigation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 371, Finance Code, is amended by adding
1-7 Subchapter H to read as follows:
1-8 SUBCHAPTER H. PROVIDING DATA TO LAW ENFORCEMENT AGENCIES BY
1-9 ELECTRONIC MEANS
1-10 Sec. 371.351. DEFINITION. In this subchapter, "reportable
1-11 data" means any information that the commissioner requires a
1-12 pawnbroker to regularly report to a law enforcement agency.
1-13 Sec. 371.352. ELECTRONIC REPORTING AUTHORIZED. (a) A
1-14 pawnbroker may provide reportable data to a law enforcement agency
1-15 by electronic means, in a manner and form specified by the law
1-16 enforcement agency.
1-17 (b) If a pawnbroker is unable to electronically provide
1-18 reportable data in a timely manner for any reason, including a
1-19 computer malfunction, the pawnbroker shall provide paper copies of
1-20 the reportable data to the law enforcement agency.
1-21 Sec. 371.353. CONFIDENTIALITY. Reportable data transmitted
1-22 to a law enforcement agency under this subchapter is confidential,
1-23 is not subject to disclosure under Chapter 552, Government Code,
1-24 and may be used by the agency only for official law enforcement
2-1 purposes.
2-2 SECTION 2. Subchapter D, Chapter 371, Finance Code, is
2-3 amended by adding Section 371.1821 to read as follows:
2-4 Sec. 371.1821. POLICE HOLD. (a) If an official of a law
2-5 enforcement agency has reasonable suspicion to believe that
2-6 property in the possession of a pawnbroker is stolen, the official
2-7 may place a hold order on the property requiring that the
2-8 pawnbroker not dispose of or release the property.
2-9 (b) The order may require that the property be held for any
2-10 period. If the order does not specify a hold period, a hold order
2-11 is effective until the 91st day after:
2-12 (1) the date a verbal hold order is placed; or
2-13 (2) the date a written hold order is received by the
2-14 pawnbroker.
2-15 (c) A pawnbroker may not dispose of or release property
2-16 subject to a hold order except:
2-17 (1) under a court order;
2-18 (2) under a release authorization from the law
2-19 enforcement agency placing the property on hold;
2-20 (3) on the seizure of the property by a law
2-21 enforcement official; or
2-22 (4) on the expiration of the hold period.
2-23 (d) A law enforcement official may renew a hold order at any
2-24 time during the period that the hold order is effective. The
2-25 official may renew the order for any period, but if the law
2-26 enforcement official does not specify a period for the hold order
2-27 to remain in effect, the renewed hold order is effective until the
3-1 91st day after the date of expiration of the preceding hold period.
3-2 SECTION 3. Chapter 42, Code of Criminal Procedure, is amended
3-3 by adding Article 42.0372 to read as follows:
3-4 Art. 42.0372. MANDATORY RESTITUTION TO PAWNBROKER. (a) In
3-5 this article, "pawnbroker" has the meaning assigned by Section
3-6 371.003, Finance Code.
3-7 (b) A pawnbroker is eligible for restitution under this
3-8 article if:
3-9 (1) the pawnbroker has loaned or paid money to the
3-10 defendant in exchange for property that has been seized from the
3-11 pawnbroker by a law enforcement agency;
3-12 (2) the pawnbroker has positively identified the
3-13 defendant as the person who pledged or sold the property; and
3-14 (3) the defendant is convicted of theft of the
3-15 property.
3-16 (c) The pawnbroker is presumed to have positively identified
3-17 the defendant as the person who pledged or sold the property under
3-18 Subsection (b) if the pawnbroker has produced a fingerprint,
3-19 thumbprint, photograph, or videotape of the defendant that
3-20 identifies the defendant as the person who pledged or sold the
3-21 property.
3-22 (d) The court shall order the defendant to pay restitution
3-23 to a pawnbroker in an amount equal to the money that the pawnbroker
3-24 paid or loaned the defendant in exchange for the property that was
3-25 seized.
3-26 (e) The court shall, after considering the financial
3-27 circumstances of the defendant, specify in a restitution order
4-1 issued under Subsection (d) the manner in which the defendant must
4-2 pay the restitution.
4-3 (f) A restitution order issued under Subsection (d) may be
4-4 enforced by the state or the pawnbroker named by the order to
4-5 receive the restitution in the same manner as a judgment in a civil
4-6 action.
4-7 (g) The court may hold a hearing, make findings of fact, and
4-8 amend a restitution order issued under Subsection (d) if the
4-9 defendant fails to pay the pawnbroker named in the order in the
4-10 manner specified by the court.
4-11 SECTION 4. (a) The consumer credit commissioner and the
4-12 Department of Information Resources shall create and direct a
4-13 committee consisting of representatives of the pawnbroker industry,
4-14 law enforcement, and the computer software industry to devise one
4-15 or more standard formats for pawnbrokers to electronically provide
4-16 reportable data to law enforcement agencies.
4-17 (b) The committee shall review and recommend to the consumer
4-18 credit commissioner, not later than January 1, 2002, formats to be
4-19 designated by the commissioner that law enforcement agencies may
4-20 adopt as the required format for pawnbrokers to use for
4-21 electronically transmitting reportable data under Subchapter H,
4-22 Chapter 371, Finance Code, as added by this Act.
4-23 SECTION 5. This Act takes effect September 1, 2001.