Bill Text: WV HB2137 | 2019 | Regular Session | Introduced
Bill Title: Requiring persons who are in the business of purchasing precious metals and precious gems to photograph those purchases and to transmit the photographs to law-enforcement
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-09 - To House Small Business, Entrepreneurship and Economic Development [HB2137 Detail]
Download: West_Virginia-2019-HB2137-Introduced.html
WEST virginia Legislature
2019 regular session
Introduced
House Bill 2137
By Delegate Fleischauer
[Introduced January 9, 2019; Referred
to the Committee on Small Business, Entrepreneurship and Economic Development
then the Judiciary. ]
A BILL to amend and reenact §61-3-51 of the Code of West Virginia, 1931, as amended, relating to requiring persons who are in the business of purchasing precious metals and precious gems to photograph those purchases and to transmit the photographs to law-enforcement authorities; and lessening the criminal penalty from a felony to a misdemeanor.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-51. Precious metals and gem dealers; records; prohibited acts.
(a) Each person, firm or corporation in the business of
purchasing precious metals or precious gems, or both, for any purpose other
than personal, family or household use, shall be is subject to
the provisions of this section. Each such purchaser shall secure from the
seller of the precious metal or precious gem sufficient proof of lawful
ownership or a sworn an affidavit of ownership, the original of
which shall be retained by the purchaser.
(b) Each such purchaser of a precious metal or precious
gem shall truly and accurately list each purchase in a permanent record book
clearly showing the kind, character and amount of metal or gem purchased, any
special or unique quality or item of description concerning the metal or gem
purchased; the date of purchase, the full name and residence address and
mailing address of the seller, and any telephone number of the seller. Such
The record book shall be open to inspection by any law-enforcement
officer in this state during normal business hours of the purchaser. If any
such purchase is made within a municipality, the purchaser shall report all the
information required by this section in writing to the chief of the police
department of the municipality within 24 hours of the purchase. If any such
purchase is made outside of a municipality, the purchaser shall report all the
information required by this section in writing to the sheriff of the county
wherein the purchase was made within 24 hours of the purchase. The information
required by this section shall be preserved for a period of not less than three
years.
(c) Each purchaser of a precious metal or precious gem shall take digital photographs of each item of precious metal or gem. The photographs shall be of maximum quality and sufficient number so that a specific item of precious metal or gem is clearly distinguishable from another item of metal or gem of similar size, type and quality. The purchaser shall, in addition to keeping copies in his or her own files, electronically transmit the photographs to the local police department, the sheriff of the county where the transaction occurred and the State Police within twenty-four hours of the transaction.
(c) (d) Each such purchaser of a precious
metal or precious gem shall may not, for a period of 10 calendar
days after the purchase, dispose of such metal or gem, remove such metal or gem
from the state or alter in any way the form or substance of such metal or gem.
(d) (e) As used in this section,
"precious metal" means any gold, silver, platinum or other valuable
metal; and "precious gem" means any diamond, pearl, emerald, ruby,
sapphire or similar precious stone.
(e) (f) Any person, firm or corporation
violating any provision of this section shall be is guilty
of a felony misdemeanor and, upon conviction thereof, shall be
confined in the penitentiary not less than one nor more than two years, or, in
the discretion of the court be confined in jail not more than one year or shall
be fined not less than $100 nor more than $5,000, or both fined and so
confined. in either the penitentiary or jail, all in the discretion of the
court
NOTE: The purpose of this bill is to require persons who are in the business of purchasing precious metal and precious gems to photograph those purchases and to transmit the photographs to law-enforcement authorities. The bill also lessens the criminal penalty from a felony to a misdemeanor.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.