(A) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated or stolen, he shall deliver to the pawnbroker the relevant police report or case number pertaining to the property, and the pawnbroker shall release the property to the appropriate law enforcement agency for use in a criminal investigation or return the property to the identified innocent owner. A pawnbroker who releases the property to law enforcement must be listed as a statutory victim on all transmitted reports and case files. If at the conclusion of the criminal investigation no identifiable innocent owner is found, the property must be returned to the pawnbroker by the appropriate law enforcement agency.
(B) The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal proceeding involving the property identified as stolen, the court additionally shall order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property.
(C) When law enforcement seizes property pursuant to subsection (A), they shall hold the seized property for ten business days before releasing it to an innocent owner. During this ten business day period, a pawnbroker may file an action for claim and delivery of the seized property, provided it also shall serve notice of this action to the law enforcement agency. If no notice is received within this ten business day period, the law enforcement agency may release the property to an identified innocent owner. A law enforcement agency that receives notice shall hold the property during the pendency of the action.
HISTORY: 2016 Act No. 262 (H.4090), Section 2, eff June 9, 2016; 2018 Act No. 191 (S.810), Section 3, eff August 15, 2018.
Effect of Amendment
2018 Act No. 191, Section 3, rewrote the section.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-39-10. Definitions.
Section 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.
Section 40-39-50. Bonding and insurance requirements; notice of potential threats to pawned goods.
Section 40-39-55. Periodic dollar amount adjustments.
Section 40-39-60. Actions on bond.
Section 40-39-80. Pawn tickets; content requirements; executions; special circumstances.
Section 40-39-90. Recordkeeping; electronic transfers; database.
Section 40-39-100. Charges on loans.
Section 40-39-110. Vesting of title to pledged property.
Section 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.
Section 40-39-145. Hold orders.
Section 40-39-150. Administrative orders; penalties.