13-32a-109. Holding period for articles.
(1) (a) The pawnbroker may sell any article pawned to him:
(i) after the expiration of the contract period between the pawnbroker and the pledgor;
and
(ii) if the pawnbroker has complied with the requirements of Section 13-32a-106
regarding reporting to the central database and Section 13-32a-103.
(b) If an article is purchased by the pawn or secondhand business, the pawn or
secondhand business may sell the article after the pawn or secondhand business has held the
article for ten days and complied with the requirements of Section 13-32a-106 regarding
reporting to the central database and Section 13-32a-103.
(c) This Subsection (1) does not preclude a law enforcement agency from requiring a
pawn or secondhand business to hold an article if necessary in the course of an investigation.
(i) If the article was pawned, the law enforcement agency may require the article be held
beyond the terms of the contract between the pledgor and the pawn broker.
(ii) If the article was sold to the pawn or secondhand business, the law enforcement
agency may require the article 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 an
article as part of an investigation, the agency shall provide to the pawn or secondhand business a
hold ticket issued by the agency, which:
(a) states the active case number;
(b) confirms the date of the hold request and the article to be held; and
(c) facilitates the ability of the pawn or secondhand business to track the article when the
prosecution takes over the case.
(3) If an article is not seized by a law enforcement agency that has placed a hold on the
property, the property may 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 45 days. If the article
is not seized by the law enforcement agency, the article shall remain in the custody of the pawn
or secondhand business and is subject to the hold unless exigent circumstances require the
purchased or pawned article to be seized by the law enforcement agency.
(5) (a) A law enforcement agency may extend any hold for up to an additional 45 days
when exigent circumstances require the extension.
(b) When 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 45 days.
(c) A law enforcement agency may not hold an item for more than the 90 days allowed
under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
(6) A hold on an article under Subsection (2) takes precedence over any request to claim
or purchase the article subject to the hold.
(7) When the purpose for the hold on or seizure of an article is terminated, the law
enforcement agency requiring the hold or seizure shall within 15 days after the termination:
(a) notify the pawn or secondhand business in writing that the hold or seizure has been
terminated;
(b) return the article subject to the seizure to the pawn or secondhand business; or
(c) if the article 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 article.
Amended by Chapter 352, 2007 General Session
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Last revised: Thursday, May 01, 2008