(1) As used in this section, "written rental agreement" means a contract for temporary use of a vehicle that:
- (a) specifies an agreed time for return of the vehicle; and
- (b) identifies the authorized operator of the vehicle.
(2)
- (a) The owner, or person having a lien or encumbrance upon a vehicle, vessel, or outboard motor that has been stolen, may notify the law enforcement agency having jurisdiction where the theft occurred.
- (b) In the event of an embezzlement the owner or person may make a report only after having procured the issuance of a warrant for the arrest of the person charged with embezzlement.
(3)
- (a) If a vehicle, vessel, or outboard motor is recovered, an owner or other person who has given any notice under Subsection (2) shall notify the law enforcement agency where the theft or embezzlement was reported.
- (b) The law enforcement agency shall notify the Criminal Investigations and Technical Services Division, established in Section 53-10-103, of recovery.
(4)
(a) Except as provided in Subsection (4)(b), a political subdivision may not enact or enforce a law, ordinance, or rule that:
- (i) restricts a person's ability to report the theft of a vehicle, vessel, or outboard motor; or
- (ii) imposes a time period before which a person is prohibited from reporting the theft of a vehicle, vessel, or outboard motor, including requirements for written demands, certified notice, notarization, supervisory approval, or other procedural prerequisites not expressly authorized in this section.
- (b) For a vehicle subject to a written rental agreement, unless Subsection (4)(c) applies, a local government may prohibit a person from filing a stolen vehicle report until 48 hours after the vehicle's scheduled return time under the written rental agreement.
(c) A political subdivision may not prohibit or delay the reporting of a vehicle as stolen at any time if the reporting party provides evidence of theft, including:
- (i) use or possession of the vehicle by an unauthorized person;
- (ii) a material misrepresentation or fraud in obtaining possession of the vehicle;
- (iii) an express refusal to return the vehicle;
- (iv) credible information indicating the vehicle is being used in the commission of a crime or is unlikely to be voluntarily returned; or
- (v) other articulable facts demonstrating an intent to permanently deprive the owner of possession.
(d) A political subdivision may require, as a condition of accepting a stolen vehicle report under Subsection (4)(b), reasonable documentation establishing:
- (i) ownership or lawful possession of the vehicle;
- (ii) the existence and expiration of the written rental agreement;
- (iii) that the vehicle has not been returned or lawfully extended; and
- (iv) reasonable attempts to contact the renter using the contact information provided in the written rental agreement.
- (e) Acceptance or processing of payment after the return time specified in a written rental agreement does not, by itself, preclude the reporting of a vehicle as stolen.
Amended by Chapter 465, 2026 General Session