§ 4-7-21. ACCEPTANCE OF GOODS SUSPECTED STOLEN AND PEACE OFFICER REQUESTED HOLDS.

(A)

A metal recycler, its agents, or employees shall report immediately to the police department by filing a formal complaint, any offer to sell to the metal recycler property that the metal recycler has actual knowledge is stolen or by reasonable diligence should know is stolen, together with the identity, when known, and description of the person or persons making such offer.

(B)

A metal recycler, its agents, or employees shall report any property acquired by the metal recycler that it, its agents, or employees subsequently determine or suspect to be stolen property.

(C)

A metal recycler, its agents, or employees shall furnish information as might be helpful to the department in investigating the known or suspected stolen property.

(D)

A metal recycler, its agents, or employees shall hold all suspected stolen property in a secure place for 60 days upon request of a peace officer.

(E)

A metal recycler, its agents, or employees shall not process or remove the property from the place of business before the 60th day after receipt of the request from a police officer to hold the property. It is an affirmative defense to this section if:

(1)

the property is released into a peace officer's care, custody, and control at an earlier time;

(2)

a peace officer releases the hold on the property on an earlier date;

(3)

a peace officer makes a written request to extend the holding period for up to 24 months from the date the request is received; or

(4)

a court orders the release of the property.

Source: 20100826-028.