1     
PAWNSHOP AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill modifies Title 13, Commerce and Trade, regarding pawn and secondhand
10     businesses.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines a retail media item and provides that these items are not subject to
14     secondhand business provisions;
15          ▸      modifies provisions regarding the disposition of property, including:
16               •      notice from law enforcement to the pawn or secondhand business; and
17               •      the return of an item to the original victim after it has been held or seized;
18          ▸      modifies the procedure for the disposition of an item no longer needed for
19     investigation or prosecution, including the procedure for pawn or secondhand
20     businesses to contest the disposition; and
21          ▸      modifies provisions regarding the Secondhand Merchandise Advisory Board,
22     including recommendations and appointment of members.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          13-32a-102, as last amended by Laws of Utah 2013, Chapters 124 and 187
30          13-32a-109, as last amended by Laws of Utah 2013, Chapter 124
31          13-32a-109.5, as last amended by Laws of Utah 2012, Chapter 284
32          13-32a-112, as last amended by Laws of Utah 2012, Chapter 284
33          13-32a-115, as last amended by Laws of Utah 2014, Chapters 144 and 189
34          13-32a-116, as enacted by Laws of Utah 2012, Chapter 284
35     ENACTS:
36          13-32a-116.5, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 13-32a-102 is amended to read:
40          13-32a-102. Definitions.
41          As used in this chapter:
42          (1) "Account" means the Pawnbroker and Secondhand Merchandise Operations
43     Restricted Account created in Section 13-32a-113.
44          (2) "Antique item" means an item:
45          (a) that is generally older than 25 years;
46          (b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
47          (c) that is furniture or other decorative objects produced in a previous time period, as
48     distinguished from new items of a similar nature; and
49          (d) obtained from auctions, estate sales, other antique shops, and individuals.
50          (3) "Antique shop" means a business operating at an established location and that
51     offers for sale antique items.
52          (4) "Board" means the [Pawnshop and] Secondhand Merchandise Advisory Board
53     created by this chapter.
54          (5) "Central database" or "database" means the electronic database created and
55     operated under Section 13-32a-105.
56          (6) "Coin" means a piece of currency, usually metallic and usually in the shape of a
57     disc that is:
58          (a) stamped metal, and issued by a government as monetary currency; or
59          (b) (i) worth more than its current value as currency; and
60          (ii) worth more than its metal content value.
61          (7) "Coin dealer" means a person or business whose sole business activity is the selling
62     and purchasing of coins and precious metals.
63          (8) "Commercial grade precious metals" or "precious metals" means ingots, monetized
64     bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or
65     fabricator indicating their fineness and include:
66          (a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious
67     metals; or
68          (b) .925 fine sterling silver ingots, art bars, and medallions.
69          (9) "Division" means the Division of Consumer Protection in Title 13, Chapter 1,
70     Department of Commerce.
71          (10) "Identification" means a valid [U.S.] United States federal or state-issued photo
72     [ID] personal identification, including a [U.S.] United States passport, a [U.S.] United States
73     passport card, [a] U.S. military [ID] personal identification, and a driver license.
74          (11) "Local law enforcement agency" means the law enforcement agency that has
75     direct responsibility for ensuring compliance with central database reporting requirements for
76     the jurisdiction where the pawnshop or secondhand business is located.
77          (12) "Misappropriated" means stolen, embezzled, converted, obtained by theft, or
78     otherwise appropriated without authority of the lawful owner.
79          (13) "Original victim" means a victim who is not a party to the pawn or sale transaction
80     and includes:
81          (a) an authorized representative designated in writing by the original victim; and
82          (b) an insurer who has indemnified the original victim for the loss of the described
83     property.
84          (14) "Pawnbroker" means a person whose business engages in the following activities:
85          (a) loans money on one or more deposits of personal property;
86          (b) deals in the purchase, exchange, or possession of personal property on condition of
87     selling the same property back again to the pledgor or depositor;
88          (c) loans or advances money on personal property by taking chattel mortgage security
89     on the property and takes or receives the personal property into his possession, and who sells
90     the unredeemed pledges;
91          (d) deals in the purchase, exchange, or sale of used or secondhand merchandise or
92     personal property; or
93          (e) engages in a licensed business enterprise as a pawnshop.
94          (15) "Pawn and secondhand business" means any business operated by a pawnbroker
95     or secondhand merchandise dealer, or the owner or operator of the business.
96          [(18)] (16) "Pawnshop" means the physical location or premises where a pawnbroker
97     conducts business.
98          [(16)] (17) "Pawn ticket" means a document upon which information regarding a pawn
99     transaction is entered when the pawn transaction is made.
100          [(17)] (18) "Pawn transaction" means an extension of credit in which an individual
101     delivers property to a pawnbroker for an advance of money and retains the right to redeem the
102     property for the redemption price within a fixed period of time.
103          (19) "Pledgor" means a person who conducts a pawn transaction with a pawnshop.
104          (20) "Property" means any tangible personal property.
105          (21) "Register" means the record of information required under this chapter to be
106     maintained by pawn and secondhand businesses. The register is an electronic record that is in a
107     format that is compatible with the central database.
108          (22) "Retail media item" means recorded music, a movie, or a video game that is
109     produced and distributed in hard copy format for retail sale.
110          [(22)] (23) "Scrap jewelry" means any item purchased solely:
111          (a) for its gold, silver, or platinum content; and
112          (b) for the purpose of reuse of the metal content.
113          [(23)] (24) (a) "Secondhand merchandise dealer" means an owner or operator of a
114     business that:
115          (i) deals in the purchase, exchange, or sale of used or secondhand merchandise or
116     personal property; and
117          (ii) does not function as a pawnbroker.
118          (b) "Secondhand merchandise dealer" does not include:
119          (i) the owner or operator of an antique shop;
120          (ii) any class of businesses exempt by administrative rule under Section 13-32a-112.5;
121          (iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,
122     and outboard motor dealers as defined in Section 41-1a-102;
123          (iv) the sale of secondhand goods at events commonly known as "garage sales," "yard
124     sales," or "estate sales";
125          (v) the sale or receipt of secondhand books, magazines, or post cards;
126          (vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
127     or charitable organizations or any school-sponsored association, and for which no
128     compensation is paid;
129          (vii) the sale or receipt of secondhand clothing and shoes;
130          (viii) any person offering his own personal property for sale, purchase, consignment, or
131     trade via the Internet;
132          (ix) any person or entity offering the personal property of others for sale, purchase,
133     consignment, or trade via the Internet, when that person or entity does not have, and is not
134     required to have, a local business or occupational license or other authorization for this activity;
135          (x) any owner or operator of a retail business that:
136          (A) receives used merchandise as a trade-in for similar new merchandise ; or
137           (B) receives used retail media items as a trade-in for similar new or used retail media
138     items;
139          (xi) an owner or operator of a business that contracts with other persons or entities to
140     offer those persons' secondhand goods for sale, purchase, consignment, or trade via the
141     Internet;
142          (xii) any dealer as defined in Section 76-6-1402, which concerns scrap metal and
143     secondary metals; or
144          (xiii) the purchase of items in bulk that are:
145          (A) sold at wholesale in bulk packaging;
146          (B) sold by a person licensed to conduct business in Utah; and
147          (C) regularly sold in bulk quantities as a recognized form of sale.
148          Section 2. Section 13-32a-109 is amended to read:
149          13-32a-109. Holding period for articles -- Return of articles -- Penalty.
150          (1) (a) A pawnbroker may sell an article pawned to the pawnbroker if:
151          (i) 15 days have passed since the day on which the contract between the pawnbroker
152     and the pledgor was executed;
153          (ii) the contract period between the pawnbroker and the pledgor has expired; and
154          (iii) the pawnbroker has complied with the requirements of Section 13-32a-106
155     regarding reporting to the central database and Section 13-32a-103.
156          (b) If an article, including scrap jewelry, is purchased by a pawn or secondhand
157     business or a coin dealer, the pawn or secondhand business or coin dealer may sell the article
158     after the pawn or secondhand business or coin dealer has held the article for 15 days and
159     complied with the requirements of Section 13-32a-106 regarding reporting to the central
160     database and Section 13-32a-103, except that pawn, secondhand, and coin dealer businesses are
161     not required to hold precious metals or coins under this Subsection (1)(b).
162          (c) This Subsection (1) does not preclude a law enforcement agency from requiring a
163     pawn or secondhand business to hold an article if necessary in the course of an investigation.
164          (i) If the article was pawned, the law enforcement agency may require the article be
165     held beyond the terms of the contract between the pledgor and the pawn broker.
166          (ii) If the article was sold to the pawn or secondhand business, the law enforcement
167     agency may require the article be held if the pawn or secondhand business has not sold the
168     article.
169          (d) If the law enforcement agency requesting a hold on property under this Subsection
170     (1) is not the local law enforcement agency, the requesting law enforcement agency shall notify
171     the local law enforcement agency of the request and also the pawn or secondhand business.
172          (2) If a law enforcement agency requires the pawn or secondhand business to hold an
173     article as part of an investigation, the agency shall provide to the pawn or secondhand business
174     a hold ticket issued by the agency, which:
175          (a) states the active case number;
176          (b) confirms the date of the hold request and the article to be held; and
177          (c) facilitates the ability of the pawn or secondhand business to track the article when
178     the prosecution takes over the case.
179          (3) If an article is not seized by a law enforcement agency that has placed a hold on the
180     property, the property shall remain in the custody of the pawn or secondhand business until
181     further disposition by the law enforcement agency, and as consistent with this chapter.
182          (4) The initial hold by a law enforcement agency is for a period of 90 days. If the
183     article is not seized by the law enforcement agency, the article shall remain in the custody of
184     the pawn or secondhand business and is subject to the hold unless exigent circumstances
185     require the purchased or pawned article to be seized by the law enforcement agency.
186          (5) (a) A law enforcement agency may extend any hold for up to an additional 90 days
187     when exigent circumstances require the extension.
188          (b) When there is an extension of a hold under Subsection (5)(a), the requesting law
189     enforcement agency shall notify the pawn or secondhand business that is subject to the hold
190     prior to the expiration of the initial 90 days.
191          (c) A law enforcement agency may not hold an item for more than the 180 days
192     allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
193          (6) A hold on an article under Subsection (2) takes precedence over any request to
194     claim or purchase the article subject to the hold.
195          (7) When the purpose for the hold on or seizure of an article for which an original
196     victim who has complied with Section 13-32a-115 has not been identified is terminated, the
197     law enforcement agency requiring the hold or seizure shall within 15 days after the termination:
198          (a) notify the pawn or secondhand business in writing that the hold or seizure has been
199     terminated;
200          (b) return the article subject to the seizure to the pawn or secondhand business; or
201          (c) if the article is not returned to the pawn or secondhand business, advise the pawn or
202     secondhand business either in writing or electronically of the specific alternative disposition of
203     the article.
204          (8) (a) When the purpose for the hold on or seizure of an article, for which an original
205     victim who has complied with Section 13-32a-115 has been identified is terminated, the law
206     enforcement agency requiring the hold or seizure shall:
207          (i) document the original victim who has positively identified the item of property; and
208          (ii) provide the documented information concerning the original victim to the
209     prosecuting agency to determine whether continued possession of the article is necessary for
210     purposes of prosecution, as provided in Section 24-3-103.
211          (b) If the prosecuting agency determines that continued possession of the article is not
212     necessary for purposes of prosecution, as provided in Section 24-3-103, the prosecuting agency
213     shall provide a written or electronic notification to the law enforcement agency which
214     authorizes the return of the article to an original victim who has complied with Section
215     13-32a-115.
216          (c) (i) A law enforcement agency shall promptly provide notice to the pawn or
217     secondhand business of the authorized return of the article under this Subsection (8).
218          (ii) The notice shall identify the original victim, advise the pawn or secondhand
219     business that the original victim has identified the article, and direct the pawn or secondhand
220     business to release the article to the original victim at no cost to the original victim, or if the
221     article was seized, the notice shall advise that the article will be returned to the original victim
222     within 15 days, except as provided under Subsection (8)(d).
223          (d) The pawn or secondhand business shall release an article under Subsection (8)(c)
224     unless within 15 days of receiving the notice the pawn or secondhand business complies with
225     Section 13-32a-116.5.
226          [(8)] (9) If the law enforcement agency does not notify the pawn or secondhand
227     business that a hold on an item has expired, the pawn or secondhand business shall send a letter
228     by registered or certified mail to the law enforcement agency that ordered the hold and inform
229     the agency that the holding period has expired. The law enforcement agency shall respond
230     within 30 days by:
231          (a) confirming that the holding period has expired and that the pawn or secondhand
232     business may manage the item as if acquired in the ordinary course of business; or
233          (b) providing written notice to the pawn or secondhand business that a court order has
234     continued the period of time for which the item shall be held.
235          [(9)] (10) The written notice under Subsection [(8)] (9)(b) is considered provided
236     when:
237          (a) personally delivered to the pawn or secondhand business with a signed receipt of
238     delivery;
239          (b) delivered to the pawn or secondhand business by registered or certified mail; or
240          (c) delivered by any other means with the mutual assent of the law enforcement agency
241     and the pawn or secondhand business.
242          [(10)] (11) If the law enforcement agency does not respond within 30 days under
243     Subsection [(8)] (9), the pawn or secondhand business may manage the item as if acquired in
244     the ordinary course of business.
245          [(11)] (12) A violation of this section is a class B misdemeanor and is also subject to
246     civil penalties under Section 13-32a-110.
247          Section 3. Section 13-32a-109.5 is amended to read:
248          13-32a-109.5. Seizure of property -- Notification to pawn or secondhand business.
249          [(1)] If a law enforcement agency determines seizure of property pawned or sold to a
250     pawn or secondhand business is necessary under this chapter during the course of a criminal
251     investigation, in addition to the holding provisions under Section 13-32a-109, the law
252     enforcement agency shall:
253          [(a)] (1) notify the pawnshop of the specific item to be seized; and
254          [(b)] (2) issue to the pawnshop a seizure ticket in a form approved by the division and
255     that:
256          [(i)] (a) provides the active case number related to the item to be seized;
257          [(ii)] (b) provides the date of the seizure request;
258          [(iii)] (c) provides the reason for the seizure;
259          [(iv)] (d) describes the article to be seized;
260          [(v)] (e) states each reason the article is necessary during the course of a criminal
261     investigation; and
262          [(vi)] (f) includes any information that facilitates the pawnbroker's ability to track the
263     article when the prosecution agency takes over the case.
264          [(2) If the purpose for the seizure of an article under this section is terminated before
265     final disposition of the criminal case and the property is no longer needed as evidence, the law
266     enforcement agency that required the seizure shall within 15 days after the property is no
267     longer needed as evidence:]
268          [(a) notify the pawn or secondhand business in writing that the purpose for the seizure
269     has been terminated and the property is available for return to the pawn or secondhand
270     business; or]
271          [(b) return the article to the pawn or secondhand business.]
272          [(3) If the law enforcement agency seizing the pawned or sold property is not the local
273     law enforcement agency, the seizing agency shall, in addition to compliance with Subsection
274     (1):]
275          [(a) notify the local law enforcement agency prior to any seizure; and]
276          [(b) facilitate the seizure of the pawned property in cooperation with the local law
277     enforcement agency to provide the pawnshop or secondhand business the ability to monitor the
278     proceedings.]
279          Section 4. Section 13-32a-112 is amended to read:
280          13-32a-112. Secondhand Merchandise Advisory Board -- Membership --
281     Quorum.
282          (1) There is created within the division the Secondhand Merchandise Advisory Board.
283     The board consists of 13 voting members and one nonvoting member:
284          (a) one representative of the Utah Chiefs of Police Association;
285          (b) one representative of the Utah Sheriffs Association;
286          (c) one representative of the Statewide Association of Prosecutors;
287          (d) one representative of the Utah Municipal Prosecutors' Association;
288          (e) three representatives from the pawnshop industry[,];
289          (f) three representatives from the secondhand merchandise business industry[, and];
290          (g) one representative from the coin dealer industry [who are all appointed by the
291     director of the Utah Commission on Criminal and Juvenile Justice and who represent three
292     separate pawnshops, three separate secondhand merchandise dealers, and one coin dealer, each
293     of which are owned by a separate person or entity];
294          [(f)] (h) one law enforcement officer who is appointed by the board members under
295     Subsections (1)(a) through [(e)] (g);
296          [(g)] (i) one law enforcement officer whose work regularly involves pawn and
297     secondhand businesses and who is appointed by the board members under Subsections (1)(a)
298     through [(e)] (g); and
299          [(h)] (j) one representative from the central database, who is nonvoting.
300          (2) (a) The board shall prepare recommendations for the appointment of members
301     under Subsections (1)(a) through (g), and Subsection (1)(j), and shall forward its
302     recommendations to the Commission on Criminal and Juvenile Justice, which shall make the
303     appointments.
304          (b) The members under Subsections (1)(e), (f), and (g) shall represent three separate
305     pawnshops, three separate secondhand merchandise dealers, and one coin dealer, each of which
306     are owned by a separate person or entity.
307          (c) In appointing members from the individuals recommended under Subsection (2)(a),
308     the Commission on Criminal and Juvenile Justice shall give consideration to recommendations
309     by members of the respective occupations and professions and by their representative
310     organizations.
311          (3) (a) Each member of the board shall be appointed to a term of not more than four
312     years, and may be reappointed upon expiration of the member's term.
313          (b) Notwithstanding the requirements of Subsection (3)(a), the Commission on
314     Criminal and Juvenile Justice shall, at the time of appointments or reappointments, adjust the
315     length of terms to ensure that the terms of board members are staggered so that approximately
316     half of the board is appointed every two years.
317          [(2)] (4) (a) The board shall elect one voting member as the chair of the board by a
318     majority of the members present at the board's first meeting each year.
319          (b) The chair shall preside over the board for a period of one year.
320          (c) The advisory board shall meet quarterly upon the call of the chair.
321          (d) A quorum of nine members is required for the board to take action.
322          [(3)] (5) (a) The board shall conduct quarterly training sessions regarding compliance
323     with this chapter and other applicable state laws for any person who owns or is employed by a
324     pawn or secondhand business subject to this chapter.
325          (b) Each training session shall provide no fewer than two hours of training.
326          [(4)] (6) (a) Each pawn, secondhand, and coin dealer business in operation as of
327     January 1 shall ensure one or more persons employed by the pawn or secondhand business each
328     participate in no fewer than two hours of compliance training within that year.
329          (b) This requirement does not limit the number of employees, directors, or officers of a
330     pawn or secondhand business who attend the compliance training.
331          [(5)] (7) The board shall monitor and keep a record of the hours of compliance training
332     accrued by each pawn or secondhand business.
333          [(6)] (8) The board shall provide each pawn or secondhand business with a certificate
334     of compliance upon completion by an employee of the two hours of compliance training under
335     Subsection [(4)] (6).
336          [(7)] (9) (a) Each law enforcement agency [that has a pawn or secondhand business
337     located within its jurisdiction] shall ensure that at least one of its officers completes two hours
338     of compliance training yearly.
339          (b) Subsection [(7)] (9)(a) does not limit the number of law enforcement officers who
340     attend the compliance training.
341          [(8)] (10) The board may propose to the division administrative rules establishing:
342          (a) pawn and secondhand business industry standards for best practices;
343          (b) standardized property descriptions for the database created under this chapter; and
344          (c) a roster of software programs for pawn and secondhand businesses setting out
345     minimum basic requirements for functionality.
346          [(9)] (11) Pawn and secondhand businesses may file with the board complaints
347     regarding law enforcement agency practices perceived to be inconsistent with this chapter. The
348     board may refer the complaints to the Peace Officers Standards and Training Division.
349          Section 5. Section 13-32a-115 is amended to read:
350          13-32a-115. Criminal investigation -- Prosecution -- Property disposition.
351          (1) If the property pawned or sold to a pawn or secondhand business is the subject of a
352     criminal investigation and a hold has been placed on the property under Section 13-32a-109,
353     the original victim shall do the following to establish a claim:
354          (a) positively identify to law enforcement the item stolen or lost;
355          (b) if a police report has not already been filed for the original theft or loss of property,
356     file a police report, and provide for the law enforcement agency information surrounding the
357     original theft or loss of property; and
358          (c) give a sworn statement under penalty of law that:
359          (i) claims ownership of the property;
360          (ii) references the original theft or loss; and
361          (iii) identifies the perpetrator if known.
362          (2) The pawn or secondhand business shall retain possession of any property subject to
363     a hold until a criminal prosecution is commenced relating to the property for which the hold
364     was placed unless:
365          (a) during the course of a criminal investigation the actual physical possession by law
366     enforcement of an article purchased or pawned is essential for the purpose of fingerprinting the
367     property, chemical testing of the property, or if the property contains unique or sensitive
368     personal identifying information; or
369          (b) an agreement between the original victim and the pawn or secondhand business to
370     return the property is reached.
371          (3) (a) Upon the commencement of a criminal prosecution, any article subject to a hold
372     for investigation under this chapter may be seized by the law enforcement agency which
373     requested the hold.
374          (b) Subsequent disposition of the property shall be consistent with [Section 24-3-103
375     regarding property not needed as evidence and] this chapter.
376          [(c) If a conflict exists between the provisions of Section 24-3-103 regarding property
377     not needed as evidence and this chapter, this chapter takes precedence regarding property held
378     by pawn or secondhand businesses.]
379          (4) At all times during the course of a criminal investigation and subsequent
380     prosecution, the article subject to a law enforcement hold shall be kept secure by the pawn or
381     secondhand business subject to the hold unless a pawned or sold article has been seized by the
382     law enforcement agency pursuant to Section 13-32a-109.5.
383          Section 6. Section 13-32a-116 is amended to read:
384          13-32a-116. Property disposition -- Property subject to prosecution -- Property
385     not used as evidence.
386          [(1)] When any property that is pawned or sold to a pawn or secondhand business is the
387     subject of a criminal proceeding, and has been seized by law enforcement pursuant to Section
388     13-32a-115, the prosecuting agency shall notify the seizing agency, the original victim, and the
389     pawn or secondhand business [if it] in compliance with Subsection 13-32a-109(8), if the
390     prosecuting agency determines the article is no longer needed as evidence pending resolution of
391     the criminal case.
392          [(2) (a) If the property is no longer needed as evidence, the original victim and the]
393     [pawn or secondhand business from which the property was seized may choose to resolve the
394     matter pursuant to Subsection 13-32a-115(2)(b) within 10 days of notice being given that the
395     property is no longer needed.]
396          [(b) The original victim shall notify the seizing law enforcement agency and the pawn
397     or secondhand business of any agreed upon resolution and the seizing agency shall act
398     accordingly.]
399          [(3) (a) If the original victim and the pawn or secondhand business from which the
400     property was seized do not resolve the matter within the 10 days under Subsection (2), the
401     original victim or the pawn or secondhand business shall notify the prosecuting agency or law
402     enforcement agency in possession of the property that the disputed claim has not been
403     resolved.]
404          [(b) (i) Upon receipt of written notice from the pawn or secondhand business or the
405     original victim that the parties are unable to resolve the disposition of the property as provided,
406     the prosecuting agency shall submit a motion to the court to schedule a property disposition
407     hearing within 45 days after receipt of the notice.]
408          [(ii) The prosecuting agency shall provide notice of the hearing to the pawn or
409     secondhand business, the original victim, and any named defendant in the pending criminal
410     case to the last known address or to counsel of record.]
411          [(iii) Notice shall be by certified mail or registered mail. Another form of notice may
412     be used if agreed upon by the parties.]
413          [(c) The hearing under Subsection (3)(b) may be combined with a preliminary
414     examination or other hearing, in the court's discretion.]
415          [(4) At the seized property disposition hearing the court shall take into consideration:]
416          [(a) the evidentiary value of the property and the need for its use at trial;]
417          [(b) whether alternative evidence, such as photographs, records, or serial numbers,
418     make retention of the property unnecessary;]
419          [(c) the proof of ownership of the property and compliance with Subsection
420     13-32a-115(1) by the original victim;]
421          [(d) whether retention of the property would create any undue hardship to the original
422     victim; and]
423          [(e) compliance by the pawn or secondhand business with the requirements of this
424     chapter, and potential financial loss to the business if the property were returned to the original
425     victim.]
426          [(5) Upon conclusion of the property disposition hearing the court may: (a) order the
427     return of the evidence to the original victim or to the pawn or secondhand business as it
428     determines appropriate; and (b) make an initial finding of restitution for the original victim or
429     the pawn or secondhand business pending resolution of the criminal case.]
430          [(6) The court's determination of possession or restitution under Subsection (5) is a
431     continuing order subject to change or modification until the final resolution of the case.]
432          Section 7. Section 13-32a-116.5 is enacted to read:
433          13-32a-116.5. Contested disposition of articles - Procedure.
434          (1) If a pawn or secondhand business has received notice from a law enforcement
435     agency under Section 13-32a-109 that an article which was the subject of a hold or seizure shall
436     be returned to an identified original victim, the pawn or secondhand business may contest the
437     determination and seek a specific alternative disposition if within 15 days:
438          (a) the pawn or secondhand business gives notice to the identified original victim, by
439     certified mail, that the pawn or secondhand business contests the determination to return the
440     article to the original victim; and
441          (b) files a petition to determine rightful ownership of the article as provided in Section
442     24-3-104.
443          (2) A pawn or secondhand business is guilty of a class B misdemeanor if the pawn or
444     secondhand business:
445          (a) holds or sells an article in violation of a notification from a law enforcement agency
446     that the item is to be returned to an original victim; and
447          (b) the pawn or secondhand business does not comply with the requirements of this
448     section within the time periods specified.