§ 13-32a-106.5 — Confidentiality of pawn and purchase transactions.

(1) A ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 delivered to a local law enforcement agency or transmitted to the central database under Section 13-32a-106 is a protected record under Section 63G-2-305.
(2) In addition to use by the issuing pawn or secondhand business or catalytic converter purchaser, the ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 may be used only by a law enforcement agency and the division and only for the law enforcement and administrative enforcement purposes of:

(2)(a) investigating possible criminal conduct involving the property delivered:
(2)(a)(i) to the pawn or secondhand business in a pawn transaction or secondhand merchandise transaction; or
(2)(a)(ii) to a catalytic converter purchaser in a catalytic converter purchase;
(2)(b) investigating a possible violation of the record keeping or reporting requirements of this chapter when the local law enforcement agency or the division, based on a review of the records and information received, has reason to believe that a violation has occurred;
(2)(c) responding to an inquiry from an insurance company investigating a claim for physical loss of described property by searching the central database to determine if property matching the description has been delivered to a pawn or secondhand business or catalytic converter purchaser by another person in a pawn transaction, secondhand merchandise purchase transaction, or catalytic converter purchase and if so, obtaining from the central database:
(2)(c)(i) a description of the property;
(2)(c)(ii) the name and address of the pawn or secondhand business or catalytic converter purchaser that received the property; and
(2)(c)(iii) the name, address, and date of birth of the conveying individual; and
(2)(d) taking enforcement action under Section 13-2-5 against a pawn or secondhand business or catalytic converter purchaser.
(3) An insurance company making a request under Subsection (2)(c) shall provide the police report case number concerning the described property.
(4) (4)(a) A person may not knowingly and intentionally use, release, publish, or otherwise make available to any person any information obtained from the central database for any purpose other than those specified in Subsection (2).
(4)(b) Each separate violation of Subsection (4)(a) is a class B misdemeanor.
(4)(c) Each separate violation of Subsection (4)(a) is subject to a civil penalty not to exceed $250.

Legislative History

Amended by Chapter 201, 2022 General Session