Holding period for property -- Return of property -- Penalty.
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(1)
(a) A pawnbroker may sell property pawned to the pawnbroker if:
(i) 15 calendar days have passed after the day on which the pawnbroker submits the information and any required photograph to the central database;
(ii) the contract period between the pawnbroker and the pledgor expires; and
(iii) the pawnbroker has complied with Sections 13-32a-103, 13-32a-104, and 13-32a-106.
(b) If property, including scrap jewelry, is purchased by a pawn or secondhand business, the pawn or secondhand business may sell the property if the pawn or secondhand business has held the property for 15 calendar days after the day on which the pawn or secondhand business submits the information to the central database, and complied with Sections 13-32a-103, 13-32a-104, 13-32a-104.6, and 13-32a-106, except that the pawn or secondhand business is not required to hold precious metals or numismatic items under this Subsection (1)(b).
(c)
(i) This Subsection (1) does not preclude a law enforcement agency from requiring a pawn or secondhand business to hold property if necessary in the course of an investigation.
(ii) If the property is pawned, the law enforcement agency may require the property be held beyond the terms of the contract between the pledgor and the pawnbroker.
(iii) If the property is sold to the pawn or secondhand business, the law enforcement agency may require the property be held if the pawn or secondhand business has not sold the article.
(d) If the law enforcement agency requesting a hold on property under this Subsection (1) is not the local law enforcement agency, the requesting law enforcement agency shall notify the local law enforcement agency of the request and also the pawn or secondhand business.
(2) If a law enforcement agency requires the pawn or secondhand business to hold property as part of an investigation, the law enforcement agency shall provide to the pawn or secondhand business a hold form issued by the law enforcement agency, that:
(a) states the active case number;
(b) confirms the date of the hold request and the property to be held; and
(c) facilitates the ability of the pawn or secondhand business to track the property when the prosecution takes over the case.
(3) If property is not seized by a law enforcement agency that has placed a hold on the property, the property shall remain in the custody of the pawn or secondhand business until further disposition by the law enforcement agency, and as consistent with this chapter.
(4) The initial hold by a law enforcement agency is for a period of 90 days. If the property is not seized by the law enforcement agency, the property shall remain in the custody of the pawn or secondhand business and is subject to the hold unless exigent circumstances require the property to be seized by the law enforcement agency.
(5)
(a) A law enforcement agency may extend any hold for up to an additional 90 days if circumstances require the extension.
(b) If there is an extension of a hold under Subsection (5)(a), the requesting law enforcement agency shall notify the pawn or secondhand business that is subject to the hold prior to the expiration of the initial 90 days.
(c) A law enforcement agency may not hold an item for more than the 180 days allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
(6) A hold on property under Subsection (2) takes precedence over any request to claim or purchase the property subject to the hold.
(7) If an original victim who has complied with Section 13-32a-115 has not been identified and the hold or seizure of the property is terminated, the law enforcement agency requiring the hold or seizure shall within 15 business days after the termination:
(a) notify the pawn or secondhand business in writing that the hold or seizure has been terminated;
(b) return the property subject to the seizure to the pawn or secondhand business; or
(c) if the property is not returned to the pawn or secondhand business, advise the pawn or secondhand business either in writing or electronically of the specific alternative disposition of the property.
(8)
(a) If the original victim who has complied with Section 13-32a-115 has been identified and the hold or seizure of property is terminated, the law enforcement agency requiring the hold or seizure shall:
(i) document the original victim who has positively identified the property; and
(ii) provide the documented information concerning the original victim to the prosecuting agency to determine whether continued possession of the property is necessary for purposes of prosecution, as provided in Section 24-3-103.
(b) If the prosecuting agency determines that continued possession of the property is not necessary for purposes of prosecution, as provided in Section 24-3-103, the prosecuting agency shall provide a written or electronic notification to the law enforcement agency that authorizes the return of the property to an original victim who has complied with Section 13-32a-115.
(c)
(i) A law enforcement agency shall promptly provide notice to the pawn or secondhand business of the authorized return of the property under this Subsection (8).
(ii) The notice shall identify the original victim, advise the pawn or secondhand business that the original victim has identified the property, and direct the pawn or secondhand business to release the property to the original victim at no cost to the original victim.
(iii) If the property was seized, the notice shall advise that the property will be returned to the original victim within 15 days after the day on which the pawn or secondhand business receives the notice, except as provided under Subsection (8)(d).
(d) The pawn or secondhand business shall release property under Subsection (8)(c) unless within 15 days of receiving the notice the pawn or secondhand business complies with Section 13-32a-116.5.
(9) If the law enforcement agency does not notify the pawn or secondhand business that a hold on the property has expired, the pawn or secondhand business shall send a letter by registered or certified mail to the law enforcement agency that ordered the hold and inform the agency that the holding period has expired. The law enforcement agency shall respond within 30 days by:
(a) confirming that the hold period has expired and that the pawn or secondhand business may manage the property as if acquired in the ordinary course of business; or
(b) providing written notice to the pawn or secondhand business that a court order has continued the period of time for which the item shall be held.
(10) The written notice under Subsection (9)(b) is considered provided when:
(a) personally delivered to the pawn or secondhand business with a signed receipt of delivery;
(b) delivered to the pawn or secondhand business by registered or certified mail; or
(c) delivered by any other means with the mutual assent of the law enforcement agency and the pawn or secondhand business.
(11) If the law enforcement agency does not respond within 30 days under Subsection (9), the pawn or secondhand business may manage the property as if acquired in the ordinary course of business.
(12) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.