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  • NJ A3873
  • Modifies recordkeeping requirements for secondhand jewelry and precious metal transactions; increases penalties for violations.*
Introduced
(6/2/2016)
In Committee
(2/27/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill increases the penalties imposed on secondhand jewelry and precious metal buyers who violate certain recordkeeping laws. Under current law, jewelry retailers, wholesalers, and smelters are required to verify the identity of anyone selling them jewelry using a driver's license or other government-issued form of photograph identification. They also are required to maintain for five years detailed records of all secondhand jewelry they purchase. The law requires that a copy of these records be delivered to the local police department each week, and the jewelry may not be sold until 10 business days after the records are delivered. The law also requires that any person who purchases used jewelry with the intent of selling it is to provide an itemized, descriptive list of the jewelry to the retailer, wholesaler, or smelter to whom it is sold, and maintain the record of the sale for five years. A violation of these record-keeping provisions is presumed to be requisite knowledge or belief of a violation of N.J.S.2C:20-7, which prohibits the receipt of stolen property. As such, violations are punishable by the penalties established in N.J.S.2C:20-2 for theft, which range from a disorderly persons offense to a crime of the second degree, depending on the value of the stolen goods. Currently, there is no specific penalty for violating these administrative provisions when knowledge of the receipt of stolen property under N.J.S.2C:20-7 is not established. This bill sets forth penalties for these violations similar to those established for precious metal recordkeeping violations. For a first offense, a violator would be a petty disorderly person, subject to a term of imprisonment of up to 30 days, an enhanced fine of between $500 and $1,000, or both. For a second or subsequent offense, a person would be a disorderly person, subject to a term of imprisonment of up to six months, an enhanced fine of between $1,000 and $2,500, or both. These penalties are in addition to any other fines or penalties that may be imposed under the State's criminal code. The bill also enhances certain penalties applicable to precious metal buyers. Under current law, persons engaged in buying precious metals also are required to comply with recordkeeping and other requirements. A mandatory civil penalty of between $500 and $1,000 is imposed on a person who violates these requirements. Under the bill, this penalty would continue to be imposed on first-time offenders, but a second or subsequent violation would constitute a petty disorderly persons offense, punishable by a fine of up to $500, imprisonment for up to 30 days, or both. Second and subsequent violations also would be punishable by an additional mandatory civil penalty of not less than $1,000 or more than $2,500.
2nd Reading in the Assembly, Law and Public Safety
Reported out of Assembly Comm. with Amendments, 2nd Reading  (on 2/27/2017)
 
 

Date Chamber Action Description
2/27/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
2/27/2017 Assembly Law and Public Safety Hearing (19:00 2/27/2017 )
6/2/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
Detail 2/27/2017 Assembly Law and Public Safety Committee: Reported with Amendments 9 0 0