PARRIS N. GLENDENING, Governor

Ch. 509

(I) THE OWNER OF THE ITEM HAS INITIATED A REQUEST FOR
PROSECUTION AND AGREES TO BE A COMPLAINING WITNESS AGAINST THE
IDENTIFIED ALLEGED THIEF;

(II) A CHARGING DOCUMENT IS OBTAINED AGAINST THE
IDENTIFIED ALLEGED THIEF; AND

(III) THE OWNER OF THE ITEM IS CONTINUING TO PARTICIPATE
FULLY IN THE PROSECUTION OF THE IDENTIFIED ALLEGED THIEF; OR

(2) RETURN THE ITEM TO THE DEALER IF:

(I) THE ALLEGED OWNER HAS NOT INITIATED A REQUEST FOR
PROSECUTION OR HAS NOT AGREED TO BE A COMPLAINING WITNESS AGAINST THE
IDENTIFIED ALLEGED THIEF;

(II) A CHARGING DOCUMENT HAS NOT BEEN OBTAINED AGAINST
THE IDENTIFIED ALLEGED THIEF; OR

(III) THE ALLEGED OWNER IS NOT CONTINUING TO PARTICIPATE
FULLY IN THE PROSECUTION OF THE IDENTIFIED ALLEGED THIEF.

(E)    A DEALER 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 THE PRIMARY LAW ENFORCEMENT UNIT TO WHICH THE

PAWNBROKER RELEASED THE ITEM.

(F)     (1) THE PRIMARY LAW ENFORCEMENT UNIT MUST NOTIFY THE
ALLEGED OWNER IF AN ITEM HAS BEEN LOCATED THAT MATCHES A STOLEN
PROPERTY REPORT FILED BY THE ALLEGED OWNER.

(2) TO OBTAIN THE ITEM ALLEGEDLY STOLEN, THE ALLEGED OWNER
SHALL PAY THE DEALER THE OUT-OF-POCKET EXPENSES INCURRED BY THE
DEALER IN THE ACQUISITION OF THE ALLEGEDLY STOLEN ITEM IN RETURN FOR
THE RELEASE OF THE ITEM IF:

(I) THE ALLEGED OWNER DOES NOT INITIATE A REQUEST FOR
PROSECUTION OR DOES NOT AGREE TO BE A COMPLAINING WITNESS AGAINST THE
IDENTIFIED ALLEGED THIEF;

(II) A CHARGING DOCUMENT IS NOT OBTAINED AGAINST THE
IDENTIFIED ALLEGED THIEF; OR

(III) THE ALLEGED OWNER DOES NOT CONTINUE TO PARTICIPATE
FULLY IN THE PROSECUTION OF THE IDENTIFIED ALLEGED THIEF.

(3) THE DEALER IS NOT REQUIRED TO RELEASE AN ITEM UNDER THIS
SUBSECTION TO THE ALLEGED OWNER UNLESS THE DEALER HAS RECEIVED THE
OUT-OF-POCKET EXPENSES INCURRED BY THE DEALER FROM THE ALLEGED
OWNER WITHIN 60 DAYS AFTER THE DATE THAT THE DEALER SUBMITTED THE
COPY OF THE RECORD OF THE ACQUISITION OF THE ITEM TO THE PRIMARY LAW
ENFORCEMENT UNIT.

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