§ 16-80-103 — Disposition of stolen property

(a) All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her right to the property. (b) Any person losing property or any valuable thing by theft, robbery, or burglary may maintain his or her action not only against the felon but against any person whatsoever in whose hands or possession the property or valuable thing may be found. (c) When property alleged to have been stolen comes into the possession of any sheriff, constable, law enforcement officer, or other person authorized to perform the duties of the officer, he or she shall hold the property subject to the order of the officer authorized pursuant to this section to direct the disposition thereof. (d) Upon receiving satisfactory evidence of the ownership of the property, the judge or magistrate who shall take the examination of the person accused of stealing the property may order the property to be delivered to the owner, on his or her paying the reasonable and necessary expenses incurred in the preservation of the property, to be certified by the judge or magistrate, which order shall entitle the owner to demand and receive the property. (e) If stolen property comes into the hands of a judge or magistrate, upon satisfactory proof of the ownership thereof, it shall be delivered to the owner, on the payment of the necessary expenses incurred in the preservation thereof, to be certified by the judge or magistrate. (f) If the property stolen has not been delivered to the owner thereof, the court before which a conviction shall be had for stealing the property, on proof of the ownership, may order the property to be restored to the owner, on payment of the expenses incurred in the preservation thereof. (g) If stolen property shall not be claimed by the owner within six (6) months from the time any person may have been convicted for stealing the property, the judge or magistrate authorized by the preceding provisions to order a restoration may order the property to be sold. The proceeds of the sale, after payment of the expenses of the preservation and sale of the property, shall be paid into the county treasury for the use of the county. (h) (1) If the thing stolen is a living animal or property of a perishable nature, the judge or magistrate authorized to order a restitution may order a sale thereof, and the proceeds shall be applied in the same manner as otherwise directed in this section with respect to stolen property. (2) In all cases of sale as specified in subdivision (h)(1) of this section a particular description of the property shall be made out in writing and filed with the judge or magistrate making the order of sale so that the owner may be enabled to identify the property if he or she shall claim the proceeds within the time allowed for making his or her claim.

Legislative History

Rev. Stat., ch. 44, div. 4, art. 6, §§ 3, 4; ch. 45, §§ 228-234; C. & M. Dig., §§ 1084, 1085, 10240a, 10240b, 3359-3365; Pope's Dig., §§ 1292, 1293, 1295, 1296, 4207-4213; A.S.A. 1947, §§ 43-2901 -- 43-2909; Acts 2005, No. 1994, § 265.