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.