Senate Bill No. 161
Introduced By bartlett, clark, tropila, crippen
A Bill for an Act entitled: "An Act providing that an administrative warrant issued to a pawnbroker or dealer to surrender stolen property shall be issued by the administrative head of the investigating agency; and amending section
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 46-5-212, MCA, is amended to read:
"46-5-212. Pawnbroker to surrender stolen property -- warrant. (1) When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101, the pawnbroker or dealer who buys and sells secondhand merchandise shall hold the property for 30 days upon issuance of an administrative warrant by a peace officer. Following the expiration of the 30-day period, the pawnbroker or dealer shall surrender the property to the peace officer upon demand. The peace officer shall give the pawnbroker or dealer a receipt for any property surrendered by the pawnbroker or dealer. During the 30-day period, the pawnbroker or dealer may appeal the validity of the administrative warrant in justice's court or in municipal court.
(2) As used in this section, "administrative warrant" means a warrant:
(a) issued by the
chief law enforcement officer administrative head, or the administrative head's designee, of the
investigating agency of the jurisdiction;
(b) that describes the property to be held; and
(c) that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt."