State Codes and Statutes
Statutes > Utah > Title-13 > Chapter-32a > 13-32a-10913-32a-109. Holding period for articles.
(1) (a) The pawnbroker may sell any article pawned to the pawnbroker:
(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-106regarding reporting to the central database and Section 13-32a-103.
(b) If an article, including scrap jewelry, is purchased by a pawn or secondhand businessor a coin dealer, the pawn or secondhand business or coin dealer may sell the article after thepawn or secondhand business or coin dealer has held the article for 15 days and complied withthe requirements of Section 13-32a-106 regarding reporting to the central database and Section13-32a-103, except that pawn, secondhand, and coin dealer businesses are not required to holdprecious metals or coins under this Subsection (1)(b).
(c) This Subsection (1) does not preclude a law enforcement agency from requiring apawn 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 heldbeyond 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 enforcementagency may require the article be held if the pawn or secondhand business has not sold thearticle.
(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 thelocal 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 anarticle as part of an investigation, the agency shall provide to the pawn or secondhand business ahold 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 theprosecution takes over the case.
(3) If an article is not seized by a law enforcement agency that has placed a hold on theproperty, the property may remain in the custody of the pawn or secondhand business untilfurther 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 articleis not seized by the law enforcement agency, the article shall remain in the custody of the pawnor secondhand business and is subject to the hold unless exigent circumstances require thepurchased 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 90 dayswhen exigent circumstances require the extension.
(b) When there is an extension of a hold under Subsection (5)(a), the requesting lawenforcement agency shall notify the pawn or secondhand business that is subject to the hold priorto the expiration of the initial 90 days.
(c) A law enforcement agency may not hold an item for more than the 180 days allowedunder 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 claimor purchase the article subject to the hold.
(7) When the purpose for the hold on or seizure of an article is terminated, the lawenforcement 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 beenterminated;
(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 orsecondhand business either in writing or electronically of the specific alternative disposition ofthe article.
Amended by Chapter 272, 2009 General Session
