The pawnbroker may simultaneously bring an action against the individual who pledged or sold the property. If the property is found to be stolen, the court will restore it to the original owner, who may recover legal costs from the pawnbroker. The pawnbroker may, in turn, recover all costs associated with the action from the individual who brought the property to the pawnbroker. If the court finds that the person claiming to be the original owner is not entitled to the property, that person is liable for costs associated with the action incurred by all parties to the action. The bill establishes a similar procedure for reimbursing customers who unknowingly purchase stolen merchandise from a pawnbroker.
Current law requires a prosecuting attorney to issue such an order.
Such property must be returned at the close of the investigation.