Effective 28 Aug 1993

490.717. Photographs of personal property to be evidence in prosecution for wrongful taking — wrongful taking, defined — requirements — property returned to owner, when — notarized affidavit as evidence. — 1. As used in this section, the term "wrongful taking" or "wrongfully taken" shall mean any crime involving stealing, forcibly stealing or depriving the rightful owner of the use of the property of another. This term shall include, but is not limited to, the crimes of robbery, burglary, stealing, tampering and property damage.

2. In any prosecution for wrongful taking, photographs of the personal property alleged to have been wrongfully taken shall be deemed competent evidence of such personal property and shall be admissible in any proceeding, hearing or trial of the case to the same extent as if such property had been introduced as evidence. In addition to the personal property, such photographs shall clearly depict the owner, agent or representative of the mercantile establishment or the owner of the property and a sign or placard stating the date and time at which the photograph was taken and the name of the establishment or owner of the property. Such photographs shall be signed by the photographer thereof and shall be accompanied by the following written affidavit signed by the arresting police officer or security officer:

(1) A written description of the personal property alleged to have been wrongfully taken, including the retail price of the property and, if available, the manufacturer's number, the style, the color and the size of the property;

(2) The name and address of the mercantile establishment wherein the alleged wrongful taking occurred or the name and address of the owner of the property;

(3) The name, address and signature of the owner, agent or representative of such mercantile establishment or owner of the property;

(4) The name and badge or other identification number of the arresting police officer and a sample of his signature indicating the date of signing; and

(5) The name and address of the photographer and the date and time that the photographer signed the photograph.

3. Upon the filing of the photograph and documents required in subsection 2 of this section with the police authority or court holding the personal property as evidence, the property shall be returned to the mercantile establishment wherein the alleged wrongful taking occurred or to the owner of the property.

4. The provisions of subsections 1 to 3 of this section shall apply to any prosecution commencing after August 13, 1988. The provisions of subsections 5 and 6 of this section shall apply to any prosecution commencing after August 28, 1993.

5. This section shall not be construed to make inadmissible any evidence, including photographs, which would otherwise be admissible under the laws of this state or under common law.

6. At any preliminary hearing conducted in the courts of this state, a notarized affidavit from the buyer or the purchasing department of any retail business stating the value or cost of an item belonging to or possessed by that business shall be received into evidence on the issue of value in any case where value is an element of the crime being charged. Nothing in this section shall be construed to allow an affidavit received under this subsection to be substituted for actual testimony at the time of trial.

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(L. 1987 H.B. 233 § 1, A.L. 1988 H.B. 934, A.L. 1993 S.B. 180)