Judiciary Committee - Senate
Video
Transcript
1 document
Bills discussed (1)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
SB529
· 3 mentions in chapter, agenda, transcript
Matched: “SB529 A. Clark CONCERNING THE RETURN OF STOLEN PROPERTY IN THE PO…”
|
CONCERNING THE RETURN OF STOLEN PROPERTY IN THE POSSESSION OF A PAWNBROKER TO THE RIGHTFUL … | A. Clark | Sine Die adjournment |
Machine transcript
May contain errors. Verify important quotations against the official video.
About transcript accuracy
- Source
- Whisper
- Model
- ggml-large-v3-turbo.bin RTX5060
- Processing date
- October 6, 2026
Chair
Unverified
0:01
All right, we are gaveled in. Chair of the CISO quorum, Senator Clark, you're recognized to present Senate Bill 529.
Senator Alan Clark
Unverified
0:10
The amendment, copies of the amendment are on the way. The, what is different from
Speaker 5
0:17
what y'all have seen before. Can you pull your mic just a
Senator Alan Clark
Unverified
0:23
little closer there? Yes, the amendment, copies of the amendment is on the way. We had them in committee yesterday.
If I can find it here.
Okay, here's the important section. Fair market value means the price a willing buyer would pay a willing seller after considering all factors in the marketplace to influence the price of property. And full restitution means the higher of the following, the fair market value, the identifiable stolen property, or the amount for which the identifiable stolen property was sold.
We had never identified what restitution meant before, and so we've amended it to show that.
Senator Alan Clark
Unverified
1:29
uh, if the identifiable stolen property was sold to a third party before the dealer received the affidavit described in 1827-304B and the written release, uh, pay the owner of the stolen property full restitution.
So it's specifying that it's not the property or restitution. It's you return their property, but if you no longer have their property, you pay in full restitution, and that is the fair market value or what you paid, whichever is more. And, of course, it does not identify what fair market value is other than what a willing buyer would pay a willing seller would sell it for because that's as close as we can get it in law.
Senator Mark Johnson
Unverified
2:19
Okay. Senator Johnson, you recognize for a question? I may be talking ahead because I hadn't seen the amendment, but so we're going to pay restitution
Senator Alan Clark
Unverified
2:39
on something. How do we know it was ever there? Well, that's in the bill. It has to be identified that the pawnbroker has it. An affidavit described under 1827304B shall be filed with the local law enforcement agency having jurisdiction along with reporting to the law enforcement agency and filing any required documents proving that the owner has located his or her stolen property in the possession of the dealer.
The report to law enforcement described under subdivision A2A of this section is not a presumption that the dealer received the stolen property in an unlawful manner. An owner who knowingly files a false affidavit or false police report is subject to prosecution. So they've got to file a report with law enforcement that it's their property and that they know the pawnbroker has it or had it.
There should, of course, already have been a report, which is not covered in this section of the law,
Senator Mark Johnson
Unverified
3:45
that it was stolen. I forget. There is an online registry deal. Isn't that right? I don't know if another member
Speaker 22
3:52
can speak to that, or you can. Okay, members,
Chair
Unverified
3:59
you're getting a copy of the amendment now.
Why don't we let Senator Clark, if you want to explain anything else that you have to explain on this amendment, we'll get it adopted, and then we can ask questions. Okay.
Senator Alan Clark
Unverified
4:12
I think you'll be able, now that it's in your hands, be able to read what I've said. But I would just move that we approve the amendment to the bill. Okay. We've got
Chair
Unverified
4:26
a motion, Senator Clark, to adopt the amendment, second by Senator Rice. any discussion all in favor say aye amendments adopted okay be recognized to explain the bill
Senator Alan Clark
Unverified
4:44
well originally they actually wanted that pond dealers had to give property back it actually turns out that's already in the law uh but if the property was uh was no longer there although that was not clear in the original bill uh that they had to pay the pawnbroker had to pay the owner or the victim restitution. And so we have hopefully have cleared that up.
We've had this in a previous amendment, but an affidavit would have to be filed with law enforcement that the property belonged to them. It would have to be returned if the pawnbroker still had it. If they no longer had it, then they would have to pay a fair market value or what they paid, whichever is higher.
Speaker 5
5:39
I'm assuming fair market value is going to
Chair
Unverified
5:46
be higher than what they paid. Okay. Any questions? So if the property has been sold, then the pawnbroker is not going to get any worse off than being made whole, and the guy's going to either get his stuff back or what the pawnbroker got sold it for, correct?
Senator Alan Clark
Unverified
6:07
You would assume that's probably a fair market value is what he sold it for.
Senator Jim Hendren
Unverified
6:11
The only thing I didn't quite follow on it, Senator Clark, was on the back page of the bill.
Chair
Unverified
6:18
It keeps reference in 1827-304-B as the affidavit section, and that is not in the bill. Is that just the section that tells them how to file the affidavit with law enforcement? I no longer know. Okay. Okay. Any other questions?
Speaker 30
6:41
senator ballinger thank you mr chair and you may have addressed this before i got got over here but have you worked with the palm burger association on this bill and honestly i wouldn't normally care but of course this is kind of an unusual way to to pass a bill without them have much
Senator Alan Clark
Unverified
7:03
input central ballinger i have sent them the the original bill before i ever filed it In fact, weeks before I filed it, I have sent them every amendment but this one.
I gave this to them an hour ago because I had just, with everything else going on, had just failed to get it to them. Have you been
Speaker 30
7:24
interacting and talking? I mean, are they generally supportive of what you're trying to do? Are they there? I mean, just what's your sense of, like, are we going to pass this out and then lose it? Where they are on this
Senator Alan Clark
Unverified
7:38
amendment, up till now, they have not been opposed to anything that we've done up to this point.
Okay. And, of course, we've tried to be fair to them. You know, you've got to be careful if you're a pawnbroker, if I were a pawnbroker, not to take stolen property. And if you do, you've got the same, should have the same burden that anyone else would have, which is you've got to give it back.
Speaker 4
8:08
Any other questions? Anybody here to speak for or against the bill?
Speaker 5
8:13
Senator Clark, you want to close for your bill?
I am closed, and I appreciate a good vote. Motion do pass. Senator Clark moves to do pass as amended. Is
Senator Jim Hendren
Unverified
8:21
there a second? Second by Senator Rice. Any discussion? All in favor of the motion, say aye. Aye. Any opposed? Motion's carried. Congratulations. Senator Henry, you want to gavel us out? And we are adjourned. Thank you.
Agenda
Call to Order
SB529 A. Clark CONCERNING THE RETURN OF STOLEN PROPERTY IN THE POSSESSION OF A PAWNBROKER TO THE RIGHTFUL OWNER.
Adjourn
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE - SENATE AND HOUSE, Apr 15, 2021 | Agenda | 1 | Official source ↗ |
Speakers
Chair
Unverified
Senator Alan Clark
Unverified
Speaker 5
Speaker 13
Senator Mark Johnson
Unverified
Speaker 22
Senator Jim Hendren
Unverified
Speaker 30
Speaker 4