Bill Text: CA AB836 | 2011-2012 | Regular Session | Amended
Bill Title: Secondhand goods.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB836 Detail]
Download: California-2011-AB836-Amended.html
BILL NUMBER: AB 836 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 17, 2011
An act to amend Section 90 of the Labor Code, relating to
employment. An act to amend Section 21647 of the
Business and Professions Code, relating to secondhand goods.
LEGISLATIVE COUNSEL'S DIGEST
AB 836, as amended, Galgiani. Employment.
Secondhand goods.
Existing law authorizes a peace officer to place a hold on
property in possession of a pawnbroker, secondhand dealer, or coin
dealer if the peace officer has probable cause to believe that
property is stolen, as specified. Existing law requires a pawnbroker,
secondhand dealer, or coin dealer to produce property at reasonable
times and places whenever the property is required by a peace officer
in a criminal investigation and provides that the pawnbroker,
secondhand dealer, or coin dealer may deliver the property to the
peace officer upon request. Existing law makes it a crime, punishable
by specified fines or imprisonment, or both, if a person knowingly
violates these provisions.
This bill would instead require a pawnbroker, secondhand dealer,
or coin dealer to deliver property to a peace officer upon request
when the property is required by a peace officer in a criminal
investigation.
Because a knowing violation of the bill's provisions by a
pawnbroker, secondhand dealer, or coin dealer would be a crime, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law provides the Labor Commissioner and his or her
deputies and agents free access to all places of labor and to all
documents necessary to conduct their lawful duties.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21647 of the
Business and Professions Code is amended to read:
21647. (a) Whenever any peace officer has probable cause to
believe that property, except coins, monetized bullion, or
"commercial grade ingots" as defined in subdivision (d) of Section
21627, in the possession of a pawnbroker, secondhand dealer, or coin
dealer is stolen, the peace officer may place a hold on the property
for a period not to exceed 90 days. When a peace officer places a
hold on the property, the peace officer shall give the pawnbroker,
secondhand dealer, or coin dealer a written notice at the time the
hold is placed, describing the item or items to be held. During that
period the pawnbroker, secondhand dealer, or coin dealer shall not
release or dispose of the property, except pursuant to a court order
or upon receipt of a written authorization signed by any peace
officer who is a member of the law enforcement agency of which the
peace officer placing the hold on the property is a member. A
pawnbroker, secondhand property dealer, or coin dealer shall not be
subject to civil liability for compliance with this section.
(b) Whenever property that is in the possession of a pawnbroker,
secondhand dealer, or coin dealer, whether or not the property has
been placed on hold, is required by a peace officer in a criminal
investigation, the pawnbroker, secondhand dealer, or coin dealer,
upon reasonable notice, shall produce the property at reasonable
times and places or may and shall
deliver the property to the peace officer upon the request of any
peace officer.
(c) Whenever a law enforcement agency has knowledge that property
in the possession of a pawnbroker, secondhand dealer, or coin dealer
has been reported as lost or stolen, the law enforcement agency shall
notify in writing the person who reported the property as lost or
stolen of the following:
(1) The name, address, and telephone number of the pawnbroker,
secondhand dealer, or coin dealer who reported the acquisition of the
property.
(2) That the law neither requires nor prohibits payment of a fee
or any other condition in return for the surrender of the property,
except that when the person who reported the property lost or stolen
does not choose to participate in the prosecution of an identified
alleged thief, the person shall pay the pawnbroker, secondhand
dealer, or coin dealer the "out-of-pocket" expenses paid in the
acquisition of the property in return for the surrender of the
property.
(3) That if the person who reported the property as lost or stolen
takes no action to recover the property from the pawnbroker,
secondhand dealer, or coin dealer within 60 days of the mailing of
the notice, the pawnbroker, secondhand dealer, or coin dealer may
treat the property as other property received in the ordinary course
of business. During the 60-day notice period, the pawnbroker,
secondhand dealer, or coin dealer may not release the property to any
other person.
(4) That a copy of the notice, with the address of the person who
reported the property as lost or stolen deleted, will be mailed to
the pawnbroker, secondhand dealer, or coin dealer who is in
possession of the property.
(d) When property that is in the possession of a pawnbroker,
secondhand dealer, or coin dealer is subject to a hold as provided in
subdivision (a), and the property is no longer required for the
purpose of a criminal investigation, the law enforcement agency that
placed the hold on the property shall release the hold on the
property. When the law enforcement agency has knowledge that the
property has been reported lost or stolen, the law enforcement agency
shall then make notification to the person who reported the property
as lost or stolen pursuant to subdivision (c).
(e) If a pledgor seeks to redeem property that is subject to a
hold, the pawnbroker shall advise the pledgor of the name of the
peace officer who placed the hold on the property and the name of the
law enforcement agency of which the officer is a member. If the
property is not required to be held pursuant to a criminal
prosecution the hold shall be released.
(f) Whenever information regarding allegedly lost or stolen
property is entered into the Department of Justice automated property
system or automated firearms system, and the property is thereafter
identified and found to be in the possession of a pawnbroker,
secondhand dealer, or coin dealer, and the property is thereafter
placed on a hold pursuant to this section and the hold, including any
additional hold, is allowed to lapse, or 60 days elapse following
the delivery of the notice required to be given by this section to
the person who reported the property to be lost or stolen without a
claim being made by that person, whichever is later, the pawnbroker,
secondhand dealer, or coin dealer may mail under a Certificate of
Mailing issued by the United States Post Office, addressed to the law
enforcement agency that placed the property on hold, a written
request to delete the property listing from the Department of Justice
automated property system or automated firearms system, as is
applicable. Within 30 days after the request has been mailed, the law
enforcement agency shall either cause the property listing to be
deleted as requested or place a hold on the property. If no law
enforcement agency takes any further action with respect to the
property within 45 days after the mailing of the request, the
pawnbroker, secondhand dealer, or coin dealer may presume that the
property listing has been deleted as requested and may thereafter
deal with the property accordingly, and shall not be subject to
liability arising from the failure of the removal of the property
listing from the Department of Justice automated property system or
automated firearms system.
(g) Nothing in this section shall be construed to alter the
authority of a peace officer to seize property pursuant to any other
provision of statutory or case law.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 90 of the Labor Code is
amended to read:
90. The Labor Commissioner, and his or her deputies and agents,
shall have free access to all places of labor. Any person, or agent
or officer thereof, who refuses admission to the Labor Commissioner
or his or her deputy or agent or who, upon request, willfully
neglects or refuses to furnish them any statistics or information,
pertaining to their lawful duties, which are in his or her possession
or under his or her control, is guilty of a misdemeanor, punishable
by a fine of not more than one thousand dollars ($1,000).
