Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 157 First Substitute (2016GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines a retail media item and provides that these items are not subject to secondhand business provisions;
• modifies provisions regarding the disposition of property, including:
• notice from law enforcement to the pawn or secondhand business; and
• the return of an item to the original victim after it has been held or seized;
• modifies the procedure for the disposition of an item no longer needed for investigation or prosecution, including the procedure for pawn or secondhand businesses to contest the disposition; and
• modifies provisions regarding the Secondhand Merchandise Advisory Board, including recommendations and appointment of members.

Every vote on this bill

Bill text

PAWNSHOP AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies Title 13, Commerce and Trade, regarding pawn and secondhand
businesses.
Highlighted Provisions:
This bill:
▸ defines a retail media item and provides that these items are not subject to
secondhand business provisions;
▸ modifies provisions regarding the disposition of property, including:
• notice from law enforcement to the pawn or secondhand business; and
• the return of an item to the original victim after it has been held or seized;
▸ modifies the procedure for the disposition of an item no longer needed for
investigation or prosecution, including the procedure for pawn or secondhand
businesses to contest the disposition; and
▸ modifies provisions regarding the Secondhand Merchandise Advisory Board,
including recommendations and appointment of members.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-32a-102
, as last amended by Laws of Utah 2013, Chapters 124 and 187
13-32a-109
, as last amended by Laws of Utah 2013, Chapter 124
13-32a-109.5
, as last amended by Laws of Utah 2012, Chapter 284
13-32a-112
, as last amended by Laws of Utah 2012, Chapter 284
13-32a-115
, as last amended by Laws of Utah 2014, Chapters 144 and 189
13-32a-116
, as enacted by Laws of Utah 2012, Chapter 284
ENACTS:
13-32a-116.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-32a-102
 is amended to read:
13-32a-102.
Definitions.
As used in this chapter:
(1) "Account" means the Pawnbroker and Secondhand Merchandise Operations
Restricted Account created in Section 
13-32a-113
.
(2) "Antique item" means an item:
(a) that is generally older than 25 years;
(b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
(c) that is furniture or other decorative objects produced in a previous time period, as
distinguished from new items of a similar nature; and
(d) obtained from auctions, estate sales, other antique shops, and individuals.
(3) "Antique shop" means a business operating at an established location and that
offers for sale antique items.
(4) "Board" means the [
Pawnshop and
] Secondhand Merchandise Advisory Board
created by this chapter.
(5) "Central database" or "database" means the electronic database created and
operated under Section 
13-32a-105
.
(6) "Coin" means a piece of currency, usually metallic and usually in the shape of a
disc that is:
(a) stamped metal, and issued by a government as monetary currency; or
(b) (i) worth more than its current value as currency; and
(ii) worth more than its metal content value.
(7) "Coin dealer" means a person or business whose sole business activity is the selling
and purchasing of coins and precious metals.
(8) "Commercial grade precious metals" or "precious metals" means ingots, monetized
bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or
fabricator indicating their fineness and include:
(a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious
metals; or
(b) .925 fine sterling silver ingots, art bars, and medallions.
(9) "Division" means the Division of Consumer Protection in Title 13, Chapter 1,
Department of Commerce.
(10) "Identification" means a valid [
U.S.
] 
United States
 federal or state-issued photo
[
ID
] 
personal identification
, including a [
U.S.
] 
United States
 passport, a [
U.S.
] 
United States
passport card, [
a
] U.S. military [
ID
] 
personal identification
, and a driver license.
(11) "Local law enforcement agency" means the law enforcement agency that has
direct responsibility for ensuring compliance with central database reporting requirements for
the jurisdiction where the pawnshop or secondhand business is located.
(12) "Misappropriated" means stolen, embezzled, converted, obtained by theft, or
otherwise appropriated without authority of the lawful owner.
(13) "Original victim" means a victim who is not a party to the pawn or sale transaction
and includes:
(a) an authorized representative designated in writing by the original victim; and
(b) an insurer who has indemnified the original victim for the loss of the described
property.
(14) "Pawnbroker" means a person whose business engages in the following activities:
(a) loans money on one or more deposits of personal property;
(b) deals in the purchase, exchange, or possession of personal property on condition of
selling the same property back again to the pledgor or depositor;
(c) loans or advances money on personal property by taking chattel mortgage security
on the property and takes or receives the personal property into his possession, and who sells
the unredeemed pledges;
(d) deals in the purchase, exchange, or sale of used or secondhand merchandise or
personal property; or
(e) engages in a licensed business enterprise as a pawnshop.
(15) "Pawn and secondhand business" means any business operated by a pawnbroker
or secondhand merchandise dealer, or the owner or operator of the business.
[
(18)
] 
(16)
 "Pawnshop" means the physical location or premises where a pawnbroker
conducts business.
[
(16)
] 
(17)
 "Pawn ticket" means a document upon which information regarding a pawn
transaction is entered when the pawn transaction is made.
[
(17)
] 
(18)
 "Pawn transaction" means an extension of credit in which an individual
delivers property to a pawnbroker for an advance of money and retains the right to redeem the
property for the redemption price within a fixed period of time.
(19) "Pledgor" means a person who conducts a pawn transaction with a pawnshop.
(20) "Property" means any tangible personal property.
(21) "Register" means the record of information required under this chapter to be
maintained by pawn and secondhand businesses. The register is an electronic record that is in a
format that is compatible with the central database.
(22) "Retail media item" means recorded music, a movie, or a video game that is
produced and distributed in hard copy format for retail sale.
[
(22)
] 
(23)
 "Scrap jewelry" means any item purchased solely:
(a) for its gold, silver, or platinum content; and
(b) for the purpose of reuse of the metal content.
[
(23)
] 
(24)
 (a) "Secondhand merchandise dealer" means an owner or operator of a
business that:
(i) deals in the purchase, exchange, or sale of used or secondhand merchandise or
personal property; and
(ii) does not function as a pawnbroker.
(b) "Secondhand merchandise dealer" does not include:
(i) the owner or operator of an antique shop;
(ii) any class of businesses exempt by administrative rule under Section 
13-32a-112.5
;
(iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,
and outboard motor dealers as defined in Section 
41-1a-102
;
(iv) the sale of secondhand goods at events commonly known as "garage sales," "yard
sales," or "estate sales";
(v) the sale or receipt of secondhand books, magazines, or post cards;
(vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
or charitable organizations or any school-sponsored association, and for which no
compensation is paid;
(vii) the sale or receipt of secondhand clothing and shoes;
(viii) any person offering his own personal property for sale, purchase, consignment, or
trade via the Internet;
(ix) any person or entity offering the personal property of others for sale, purchase,
consignment, or trade via the Internet, when that person or entity does not have, and is not
required to have, a local business or occupational license or other authorization for this activity;
(x) any owner or operator of a retail business that
:
(A)
 receives used merchandise as a trade-in for similar new merchandise ; 
or
 (B) receives used retail media items as a trade-in for similar new or used retail media
items;
(xi) an owner or operator of a business that contracts with other persons or entities to
offer those persons' secondhand goods for sale, purchase, consignment, or trade via the
Internet;
(xii) any dealer as defined in Section 
76-6-1402
, which concerns scrap metal and
secondary metals; or
(xiii) the purchase of items in bulk that are:
(A) sold at wholesale in bulk packaging;
(B) sold by a person licensed to conduct business in Utah; and
(C) regularly sold in bulk quantities as a recognized form of sale.
Section 2. Section 
13-32a-109
 is amended to read:
13-32a-109.
Holding period for articles -- Return of articles -- Penalty.
(1) (a) A pawnbroker may sell an article pawned to the pawnbroker if:
(i) 15 days have passed since the day on which the contract between the pawnbroker
and the pledgor was executed;
(ii) the contract period between the pawnbroker and the pledgor has expired; and
(iii) 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, including scrap jewelry, is purchased by a pawn or secondhand
business or a coin dealer, the pawn or secondhand business or coin dealer may sell the article
after the pawn or secondhand business or coin dealer has held the article for 15 days and
complied with the requirements of Section 
13-32a-106
 regarding reporting to the central
database and Section 
13-32a-103
, except that pawn, secondhand, and coin dealer businesses are
not required to hold precious metals or coins under this Subsection (1)(b).
(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 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
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 90 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 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 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 
for which an original
victim who has complied with Section 
13-32a-115
 has not been identified
 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.
(8) (a) When the purpose for the hold on or seizure of an article, for which an original
victim who has complied with Section 
13-32a-115
 has been identified is terminated, the law
enforcement agency requiring the hold or seizure shall:
(i) document the original victim who has positively identified the item of property; and
(ii) provide the documented information concerning the original victim to the
prosecuting agency to determine whether continued possession of the article is necessary for
purposes of prosecution, as provided in Section 
24-3-103
.
(b) If the prosecuting agency determines that continued possession of the article 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 which
authorizes the return of the article 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 article 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 article, and direct the pawn or secondhand
business to release the article to the original victim at no cost to the original victim, or if the
article was seized, the notice shall advise that the article will be returned to the original victim
within 15 days, except as provided under Subsection (8)(d).
(d) The pawn or secondhand business shall release an article under Subsection (8)(c)
unless within 15 days of receiving the notice the pawn or secondhand business complies with
Section 
13-32a-116.5
.
[
(8)
] 
(9)
 If the law enforcement agency does not notify the pawn or secondhand
business that a hold on an item 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 holding period has expired and that the pawn or secondhand
business may manage the item 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.
[
(9)
] 
(10)
 The written notice under Subsection [
(8)
] 
(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.
[
(10)
] 
(11)
 If the law enforcement agency does not respond within 30 days under
Subsection [
(8)
] 
(9)
, the pawn or secondhand business may manage the item as if acquired in
the ordinary course of business.
[
(11)
] 
(12)
 A violation of this section is a class B misdemeanor and is also subject to
civil penalties under Section 
13-32a-110
.
Section 3. Section 
13-32a-109.5
 is amended to read:
13-32a-109.5.
Seizure of property -- Notification to pawn or secondhand business.
[
(1)
] If a law enforcement agency determines seizure of property pawned or sold to a
pawn or secondhand business is necessary under this chapter during the course of a criminal
investigation, in addition to the holding provisions under Section 
13-32a-109
, the law
enforcement agency shall:
[
(a)
] 
(1)
 notify the pawnshop of the specific item to be seized; 
and
[
(b)
] 
(2)
 issue to the pawnshop a seizure ticket in a form approved by the division and
that:
[
(i)
] 
(a)
 provides the active case number related to the item to be seized;
[
(ii)
] 
(b)
 provides the date of the seizure request;
[
(iii)
] 
(c)
 provides the reason for the seizure;
[
(iv)
] 
(d)
 describes the article to be seized;
[
(v)
] 
(e)
 states each reason the article is necessary during the course of a criminal
investigation; and
[
(vi)
] 
(f)
 includes any information that facilitates the pawnbroker's ability to track the
article when the prosecution agency takes over the case.
[
(2) If the purpose for the seizure of an article under this section is terminated before
final disposition of the criminal case and the property is no longer needed as evidence, the law
enforcement agency that required the seizure shall within 15 days after the property is no
longer needed as evidence:
]
[
(a) notify the pawn or secondhand business in writing that the purpose for the seizure
has been terminated and the property is available for return to the pawn or secondhand
business; or
]
[
(b) return the article to the pawn or secondhand business.
]
[
(3) If the law enforcement agency seizing the pawned or sold property is not the local
law enforcement agency, the seizing agency shall, in addition to compliance with Subsection
(1):
]
[
(a) notify the local law enforcement agency prior to any seizure; and
]
[
(b) facilitate the seizure of the pawned property in cooperation with the local law
enforcement agency to provide the pawnshop or secondhand business the ability to monitor the
proceedings.
]
Section 4. Section 
13-32a-112
 is amended to read:
13-32a-112.
Secondhand Merchandise Advisory Board -- Membership --
Quorum.
(1) There is created within the division the Secondhand Merchandise Advisory Board. 
The board consists of 13 voting members and one nonvoting member:
(a) one representative of the Utah Chiefs of Police Association;
(b) one representative of the Utah Sheriffs Association;
(c) one representative of the Statewide Association of Prosecutors;
(d) one representative of the Utah Municipal Prosecutors' Association;
(e) three representatives from the pawnshop industry[
,
]
;
(f)
 three representatives from the secondhand merchandise business industry[
, and
]
;
(g)
 one representative from the coin dealer industry [
who are all appointed by the
director of the Utah Commission on Criminal and Juvenile Justice and who represent three
separate pawnshops, three separate secondhand merchandise dealers, and one coin dealer, each
of which are owned by a separate person or entity
];
[
(f)
] 
(h)
 one law enforcement officer who is appointed by the board members under
Subsections (1)(a) through [
(e)
] 
(g)
;
[
(g)
] 
(i)
 one law enforcement officer whose work regularly involves pawn and
secondhand businesses and who is appointed by the board members under Subsections (1)(a)
through [
(e)
] 
(g)
; 
and
[
(h)
] 
(j)
 one representative from the central database, who is nonvoting.
(2) (a) The board shall prepare recommendations for the appointment of members
under Subsections (1)(a) through (g), and Subsection (1)(j), and shall forward its
recommendations to the Commission on Criminal and Juvenile Justice, which shall make the
appointments.
(b) The members under Subsections (1)(e), (f), and (g) shall represent three separate
pawnshops, three separate secondhand merchandise dealers, and one coin dealer, each of which
are owned by a separate person or entity.
(c) In appointing members from the individuals recommended under Subsection (2)(a),
the Commission on Criminal and Juvenile Justice shall give consideration to recommendations
by members of the respective occupations and professions and by their representative
organizations.
(3) (a) Each member of the board shall be appointed to a term of not more than four
years, and may be reappointed upon expiration of the member's term.
(b) Notwithstanding the requirements of Subsection (3)(a), the Commission on
Criminal and Juvenile Justice shall, at the time of appointments or reappointments, adjust the
length of terms to ensure that the terms of board members are staggered so that approximately
half of the board is appointed every two years.
[
(2)
] 
(4)
 (a) The board shall elect one voting member as the chair of the board by a
majority of the members present at the board's first meeting each year.
(b) The chair shall preside over the board for a period of one year.
(c) The advisory board shall meet quarterly upon the call of the chair.
(d) A quorum of nine members is required for the board to take action.
[
(3)
] 
(5)
 (a) The board shall conduct quarterly training sessions regarding compliance
with this chapter and other applicable state laws for any person who owns or is employed by a
pawn or secondhand business subject to this chapter.
(b) Each training session shall provide no fewer than two hours of training.
[
(4)
] 
(6)
 (a) Each pawn, secondhand, and coin dealer business in operation as of
January 1 shall ensure one or more persons employed by the pawn or secondhand business each
participate in no fewer than two hours of compliance training within that year.
(b) This requirement does not limit the number of employees, directors, or officers of a
pawn or secondhand business who attend the compliance training.
[
(5)
] 
(7)
 The board shall monitor and keep a record of the hours of compliance training
accrued by each pawn or secondhand business.
[
(6)
] 
(8)
 The board shall provide each pawn or secondhand business with a certificate
of compliance upon completion by an employee of the two hours of compliance training under
Subsection [
(4)
] 
(6)
.
[
(7)
] 
(9)
 (a) Each law enforcement agency [
that has a pawn or secondhand business
located within its jurisdiction
] shall ensure that at least one of its officers completes two hours
of compliance training yearly.
(b) Subsection [
(7)
] 
(9)
(a) does not limit the number of law enforcement officers who
attend the compliance training.
[
(8)
] 
(10)
 The board may propose to the division administrative rules establishing:
(a) pawn and secondhand business industry standards for best practices;
(b) standardized property descriptions for the database created under this chapter; and
(c) a roster of software programs for pawn and secondhand businesses setting out
minimum basic requirements for functionality.
[
(9)
] 
(11)
 Pawn and secondhand businesses may file with the board complaints
regarding law enforcement agency practices perceived to be inconsistent with this chapter. The
board may refer the complaints to the Peace Officers Standards and Training Division.
Section 5. Section 
13-32a-115
 is amended to read:
13-32a-115.
Criminal investigation -- Prosecution -- Property disposition.
(1) If the property pawned or sold to a pawn or secondhand business is the subject of a
criminal investigation and a hold has been placed on the property under Section 
13-32a-109
,
the original victim shall do the following to establish a claim:
(a) positively identify to law enforcement the item stolen or lost;
(b) if a police report has not already been filed for the original theft or loss of property,
file a police report, and provide for the law enforcement agency information surrounding the
original theft or loss of property; and
(c) give a sworn statement under penalty of law that:
(i) claims ownership of the property;
(ii) references the original theft or loss; and
(iii) identifies the perpetrator if known.
(2) The pawn or secondhand business shall retain possession of any property subject to
a hold until a criminal prosecution is commenced relating to the property for which the hold
was placed unless:
(a) during the course of a criminal investigation the actual physical possession by law
enforcement of an article purchased or pawned is essential for the purpose of fingerprinting the
property, chemical testing of the property, or if the property contains unique or sensitive
personal identifying information; or
(b) an agreement between the original victim and the pawn or secondhand business to
return the property is reached.
(3) (a) Upon the commencement of a criminal prosecution, any article subject to a hold
for investigation under this chapter may be seized by the law enforcement agency which
requested the hold.
(b) Subsequent disposition of the property shall be consistent with [
Section 
24-3-103
regarding property not needed as evidence and
] this chapter.
[
(c) If a conflict exists between the provisions of Section 
24-3-103
 regarding property
not needed as evidence and this chapter, this chapter takes precedence regarding property held
by pawn or secondhand businesses.
]
(4) At all times during the course of a criminal investigation and subsequent
prosecution, the article subject to a law enforcement hold shall be kept secure by the pawn or
secondhand business subject to the hold unless a pawned or sold article has been seized by the
law enforcement agency pursuant to Section 
13-32a-109.5
.
Section 6. Section 
13-32a-116
 is amended to read:
13-32a-116.
Property disposition -- Property subject to prosecution -- Property
not used as evidence.
[
(1)
] When any property that is pawned or sold to a pawn or secondhand business is the
subject of a criminal proceeding, and has been seized by law enforcement pursuant to Section
13-32a-115
, the prosecuting agency shall notify the seizing agency, the original victim, and the
pawn or secondhand business [
if it
] 
 in compliance with Subsection 
13-32a-109
(8), if the
prosecuting agency 
 determines the article is no longer needed as evidence pending resolution of
the criminal case.
[
(2) (a) If the property is no longer needed as evidence, the original victim and the
]
[
pawn or secondhand business from which the property was seized may choose to resolve the
matter pursuant to Subsection 
13-32a-115
(2)(b) within 10 days of notice being given that the
property is no longer needed.
]
[
(b) The original victim shall notify the seizing law enforcement agency and the pawn
or secondhand business of any agreed upon resolution and the seizing agency shall act
accordingly.
]
[
(3) (a) If the original victim and the pawn or secondhand business from which the
property was seized do not resolve the matter within the 10 days under Subsection (2), the
original victim or the pawn or secondhand business shall notify the prosecuting agency or law
enforcement agency in possession of the property that the disputed claim has not been
resolved.
]
[
(b) (i) Upon receipt of written notice from the pawn or secondhand business or the
original victim that the parties are unable to resolve the disposition of the property as provided,
the prosecuting agency shall submit a motion to the court to schedule a property disposition
hearing within 45 days after receipt of the notice.
]
[
(ii) The prosecuting agency shall provide notice of the hearing to the pawn or
secondhand business, the original victim, and any named defendant in the pending criminal
case to the last known address or to counsel of record.
]
[
(iii) Notice shall be by certified mail or registered mail. Another form of notice may
be used if agreed upon by the parties.
]
[
(c) The hearing under Subsection (3)(b) may be combined with a preliminary
examination or other hearing, in the court's discretion.
]
[
(4) At the seized property disposition hearing the court shall take into consideration:
]
[
(a) the evidentiary value of the property and the need for its use at trial;
]
[
(b) whether alternative evidence, such as photographs, records, or serial numbers,
make retention of the property unnecessary;
]
[
(c) the proof of ownership of the property and compliance with Subsection
13-32a-115
(1) by the original victim;
]
[
(d) whether retention of the property would create any undue hardship to the original
victim; and
]
[
(e) compliance by the pawn or secondhand business with the requirements of this
chapter, and potential financial loss to the business if the property were returned to the original
victim.
]
[
(5) Upon conclusion of the property disposition hearing the court may: (a) order the
return of the evidence to the original victim or to the pawn or secondhand business as it
determines appropriate; and (b) make an initial finding of restitution for the original victim or
the pawn or secondhand business pending resolution of the criminal case.
]
[
(6) The court's determination of possession or restitution under Subsection (5) is a
continuing order subject to change or modification until the final resolution of the case.
]
Section 7. Section 
13-32a-116.5
 is enacted to read:
 13-32a-116.5.
Contested disposition of articles - Procedure. 
(1) If a pawn or secondhand business has received notice from a law enforcement
agency under Section 
13-32a-109
 that an article which was the subject of a hold or seizure shall
be returned to an identified original victim, the pawn or secondhand business may contest the
determination and seek a specific alternative disposition if within 15 days:
(a) the pawn or secondhand business gives notice to the identified original victim, by
certified mail, that the pawn or secondhand business contests the determination to return the
article to the original victim; and
(b) files a petition to determine rightful ownership of the article as provided in Section
24-3-104
.
(2) A pawn or secondhand business is guilty of a class B misdemeanor if the pawn or
secondhand business:
(a) holds or sells an article in violation of a notification from a law enforcement agency
that the item is to be returned to an original victim; and
(b) the pawn or secondhand business does not comply with the requirements of this
section within the time periods specified.