13-32a-106.5 - Confidentiality of pawn and purchase transactions.
13-32a-106.5. Confidentiality of pawn and purchase transactions.
(1) All pawn and purchase transaction records delivered to a local law enforcementofficial or transmitted to the central database pursuant to Section 13-32a-106 are protectedrecords under Section 63G-2-305. These records may be used only by law enforcement officialsand the division and only for the law enforcement and administrative enforcement purposes of:
(a) investigating possible criminal conduct involving the property delivered to thepawnbroker or secondhand business in a pawn or purchase transaction;
(b) investigating a possible violation of the record keeping or reporting requirements ofthis chapter when the local law enforcement official, based on a review of the records andinformation received, has reason to believe that a violation has occurred;
(c) responding to an inquiry from a person claiming ownership of described property bysearching the database to determine if property matching the description has been delivered to apawnbroker or secondhand business by another person in a pawn or purchase transaction and ifso, obtaining from the database:
(i) a description of the property;
(ii) the name and address of the pawnbroker or secondhand business who received theproperty; and
(iii) the name, address, and date of birth of the conveying person; and
(d) taking enforcement action under Section 13-2-5 against a pawnbroker or secondhandbusiness.
(2) (a) A person may not knowingly and intentionally use, release, publish, or otherwisemake available to any person or entity any information obtained from the database for anypurpose other than those specified in Subsection (1).
(b) Each separate violation of Subsection (2)(a) is a class B misdemeanor.
(c) Each separate violation of Subsection (2)(a) is subject to a civil penalty not to exceed$250.
Amended by Chapter 272, 2009 General Session