2013 -- H 5162

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LC00353

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS --

PURCHASE AND SALE OF PRECIOUS METALS

     Introduced By: Representatives E Coderre, Palangio, San Bento, Ucci, and Cimini

     Date Introduced: January 24, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 6-11.1-5 of the General Laws in Chapter 6-11.1 entitled "Purchase

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and Sale of Precious Metals" is hereby amended to read as follows:

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     6-11.1-5. Fourteen day holding period -- Recovery of stolen property -- Return to

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rightful owner. -- (a) All persons licensed under this chapter shall retain in their possession in an

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unaltered condition for a period of fourteen (14) days all precious metals or articles made from or

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containing a precious metal including catalytic converters except items of bullion, including

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coins, bars, and medallions, city and/or town owned manhole covers, and bridge placards which

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do not contain serial numbers or other identifying marks. The fourteen (14) day holding period

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shall commence with the date the report of its acquisition was delivered to or received through the

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mails by the chief of police or the attorney general, whichever is later. The records so received by

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the chief of police and the attorney general shall be available for inspection only by law

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enforcement officers for law enforcement purposes. If the chief of police has probable cause that

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precious metals or an article made from or containing a precious metal has been stolen, he or she

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may give notice, in writing, to the person licensed, to retain the metal or article for an additional

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period of fifteen (15) days, and the person shall retain the property for this additional fifteen (15)

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day period, unless the notice is recalled, in writing, within the fifteen (15) day period; within the

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fifteen (15) day period the chief of police, or his or her designee, shall designate, in writing, an

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officer to secure the property alleged to be stolen and the persons in possession of the property

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shall deliver the property to the officer upon display of the officer's written designation by the

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chief of police or his or her designee. Upon receipt of the property from the officer, the clerk or

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person in charge of the storage of alleged stolen property for a police department shall enter into a

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book a description of every article of property alleged to be stolen which was brought to the

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police department and shall attach a number to each article. The clerk or person in charge of the

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storage of alleged stolen property shall deliver the property to the owner of the property upon

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satisfactory proof of ownership, without any cost to the owner, provided that the following steps

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are followed:

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      (1) A complete photographic record of the property is made;

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      (2) A signed declaration of ownership under penalty of perjury is obtained from the

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person to whom the property is delivered;

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      (3) The person from whom the custody of the property was taken is served with written

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notice of the claim of ownership and is given ten (10) days from the mailing of the notice to file a

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petition in district court objecting to the delivery of the property to the person claiming

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ownership. If a petition is filed in a timely manner, the district court shall at a hearing determine

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by a preponderance of the evidence that the property was stolen and that the person claiming

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ownership of the property is the true owner. The decision of the district court may only be

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appealable by writ of certiorari to the supreme court.

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      (b) The clerk or person in charge of the storage of alleged stolen property shall not be

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liable for damages for any official act performed in good faith in the course of carrying out the

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provisions of this section. The photographic record of the alleged stolen property shall be allowed

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to be introduced as evidence in any court of this state in place of the actual alleged stolen

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property; provided that the clerk in charge of the storage of the alleged stolen property shall take

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photographs of the property, and those photographs shall be tagged and marked and remain in his

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possession or control.

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     SECTION 2. This act shall take effect upon passage.

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LC00353

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS --

PURCHASE AND SALE OF PRECIOUS METALS

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     This act would add city and town owned manhole covers and bridge placards to the sale

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of protected precious metals.

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     This act would take effect upon passage.

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LC00353

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