§ 21-22-111. HOLDING REQUIREMENTS FOR ELECTRONIC DEVICES.  


Latest version.
  • (a)

    Holding period.

    (1)

    Except as authorized under subsection (b) of this section, each electronic device dealer shall hold at a location identified in the license application all acquired electronic devices for at least 18 days after the report of its acquisition is made in accordance with this title.

    (2)

    (i)

    The dealer shall tag each electronic device individually with a number that corresponds to the transaction under which the electronic device was acquired.

    (ii)

    If electronic devices are acquired in a matching set, the dealer may tag the devices as a set.

    (3)

    Each electronic device shall remain tagged under this subsection for the entire period that the item remains in the dealer's inventory.

    (b)

    Waivers.

    (1)

    The Chief of Police may adopt procedures for granting waivers or permitting shorter holding periods, on an ad hoc or long-term basis, in cases of hardship.

    (2)

    The Chief of Police may condition a waiver or shorter holding period on the record-keeping or other requirements that the Chief considers necessary to preserve the integrity of the reporting and holding requirements of this title.

    (c)

    Additional hold.

    (1)

    After the hold period specified by subsection (a) of this section, a dealer shall continue to hold any device subject to this section if:

    (i)

    A law enforcement officer requests the dealer to so do;

    (ii)

    The law enforcement officer has reasonable cause to believe the device has been stolen; and

    (iii)

    The device has been identified under § 21-22-112(a)(2) of this title.

    (2)

    Any device placed on additional hold by the Chief of Police under this subsection shall be held by the dealer until:

    (i)

    The Chief of Police seizes the device;

    (ii)

    The Chief of Police releases the hold or directs the device to be released to the owner; or

    (iii)

    1 year after the additional police hold was imposed.

(Bill No. 6-14, § 1, 3-16-2014)