PARRIS N. GLENDENING, Governor

Ch. 509

(c)     A [dealer] PAWNBROKER shall retain in the [dealer's] PAWNBROKER'S
place of business, for an additional period of 12 days, any item of personal property or
other valuable thing, other than securities or printed evidence of indebtedness, if:

(1)     the primary law enforcement unit requests that the [dealer]
PAWNBROKER retain the item;

(2)     the primary law enforcement unit has reasonable cause to believe the
item has been stolen; and

(3)     the item has not been identified under subsection (b)(2) of this section.

(d)     When a primary law enforcement unit no longer needs an item for evidence,
the primary law enforcement unit shall give the item to its owner.

(e)     A [dealer or] pawnbroker who is required to release an item under this
section is not entitled to reimbursement for any pledge or purchase price paid for the
item from:

(1)     the primary law enforcement unit to which the [dealer] PAWNBROKER
released the item;

(2)     the owner of the item; or

(3)     the victim of the theft.

(F) IF THE OWNER OF THE ITEM OR THE VICTIM OF THE THEFT CHOOSES TO
PARTICIPATE IN THE PROSECUTION OF THE ALLEGED IDENTIFIED THIEF. THEN THE
CHARGES OF THEFT FROM THE OWNER OR THE VICTIM OF THE THEFT AND THE
CHARGES OF THEFT FROM THE DEALER OR PAWNBROKER MAY BE HEARD IN A
JOINT TRIAL.

12-401.1.

(A) THIS SECTION APPLIES TO ALL DEALERS WHEREVER LOCATED IN THE
STATE FOR EACH BUSINESS TRANSACTION THAT INVOLVES THE ACQUISITION OF A
SECONDHAND PRECIOUS METAL OBJECT.

(B) A DEALER SHALL RELEASE TO THE PRIMARY LAW ENFORCEMENT UNIT
AN ITEM OF PERSONAL PROPERTY, OTHER THAN A SECURITY OR PRINTED
EVIDENCE OF INDEBTEDNESS, LOCATED AT THE PLACE OF BUSINESS OF THE
DEALER IF:

(1) THE ITEM IS ESTABLISHED TO HAVE BEEN STOLEN;

(2) THE OWNER OF THE ITEM OR VICTIM OF THE THEFT HAS;
(I) POSITIVELY IDENTIFIED THE ITEM; OR
(II) PROVIDED AN AFFIDAVIT OF OWNERSHIP; AND

(3) THE STOLEN PROPERTY REPORT DESCRIBES THE ITEM BY:
(I) A DATE;

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