HBA-KMH H.B. 3170 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3170
By: Elkins
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, it is not a crime to sell stolen property.  H.B. 3170 makes it
an offense to pledge or sell stolen property to a licensed pawnbroker. 

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 Subchapter D, Chapter 32, Penal Code, by adding Section
32.51, as follows: 

Sec.  32.51.  FRAUDULENT PLEDGE OR SALE OF PROPERTY TO LICENSED PAWNBROKER.
(a) Defines "licensed pawnbroker," "pawn transaction," and "payment in
full" for purposes of this section. 

(b) Provides that it is an offense if a person pledges or sells property to
a licensed pawnbroker knowing that the person is not entitled to pledge or
sell the property. 

(c) Provides that a person commits an offense if, with the intent to
defraud or harm another, the person uses a false, altered, or stolen
identification to effect a pawn transaction or sale of property to a
licensed pawnbroker. 

(d) Provides that a person is presumed to have known that the person was
not entitled to sell or pledge property if the person fails to make payment
in full on the property to a licensed pawnbroker within 10 days of
receiving notice from the pawnbroker that the property has been reported
stolen to a law enforcement agency, for purposes of Subsection (b). 

(e) Prescribes the form and contents of a notice for the purposes of
Subsection (d). 

(f) Provides that Subsection (d) does not prevent the prosecution from
establishing the knowledge requirement of Subsection (b) by direct
evidence. 

(g) Provides that an offense under Subsection (b) is a state jail felony,
unless it is shown on the trial of the offense that the person has been
previously convicted of the offense, in which event the offense is a felony
of the third degree. 

(h) Provides that an offense under Subsection (c) is a Class A misdemeanor.

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.