HBA-SEB H.B. 214 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 214 By: Hochberg Criminal Jurisprudence 2/10/1999 Introduced BACKGROUND AND PURPOSE Currently, in order for a pawnbroker to avoid being presumed to know that property secured with the pawnbroker is stolen, the pawnbroker must obtain the identifying information of the seller or pledgor of the property, a complete description of the property itself, or a signed warranty stating that the seller or pledgor has the right to possess the property. Prosecutors may experience problems in prosecuting cases involving stolen merchandise recovered from pawnshops because positive identification of the seller or pledgor is often unavailable. H.B. 214 provides that a pawnbroker behaves knowingly or recklessly if the pawnbroker fails to do one of the aforementioned tasks, or to photograph the seller or pledgor or to record the person's thumbprint. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.03(c), Penal Code, to add failing to photograph or videotape the seller or pledgor of property or failing to obtain the seller's or pledgor's thumbprint to the list of actions which create a presumption that a person knows the property is stolen if the person is engaged in the business of buying and selling secondhand property or lending money on the security of the personal property. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.