2006 Utah Code - 13-32a-109 — Holding period for pawned articles.

     13-32a-109.   Holding period for pawned 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 pawnbroker, the pawnbroker may sell the article after the pawnbroker 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 pawnbroker 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 pawnbroker, the law enforcement agency may require the article be held if the pawnbroker 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 the pawnshop.
     (2) If a law enforcement agency requires the pawnbroker to hold an article as part of an investigation, the agency shall provide to the pawnbroker 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 pawnbroker's ability 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 pawnbroker 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 pawnshop and is subject to the hold unless exigent circumstances require the 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 pawnshop 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 pawnshop in writing that the hold or seizure has been terminated;
     (b) return the article subject to the seizure to the pawnbroker; or

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     (c) if the article is not returned to the pawnbroker, advise the pawnbroker either in writing or electronically of the specific alternative disposition of the article.

Amended by Chapter 290, 2006 General Session