13-32a-115. Criminal investigation -- Prosecution -- Property disposition. (1) If the property pawned or sold to a pawn or secondhand business or catalytic converter purchaser 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 property 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 or catalytic converter purchaser 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 the property purchased or pawned is essential for the purpose of forensic 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 or catalytic converter purchaser to return the property is reached. (3) (a) Upon the commencement of a criminal prosecution, any property subject to a hold for investigation under this chapter may be seized by the law enforcement agency that requested the hold. (b) Subsequent disposition of the property shall be consistent with this chapter. (4) At all times during the course of a criminal investigation and subsequent prosecution, the property subject to a law enforcement hold shall be kept secure by the pawn or secondhand business or catalytic converter purchaser subject to the hold unless the pawned or purchased property has been seized by the law enforcement agency pursuant to Section 13-32a-109.5.
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