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.