PRINTER'S NO. 368
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
427
Session of
2015
INTRODUCED BY GREENLEAF, MCGARRIGLE, VULAKOVICH, BAKER, SCHWANK,
WHITE, HUGHES, MENSCH, RAFFERTY AND STEFANO,
FEBRUARY 12, 2015
REFERRED TO JUDICIARY, FEBRUARY 12, 2015
AN ACT
Amending the act of February 24, 1984 (P.L.92, No.17), entitled
"An act regulating the purchase and sale of precious metals,"
further providing for dealer's retention of precious metal
and availability for inspection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of February 24, 1984
(P.L.92, No.17), referred to as the Precious Metal Sale
Regulation Law, is amended to read:
Section 4. Dealer's retention of precious metal and
availability for inspection.
(a) Precious metal to be retained for [five] ten days.--Each
item of precious metal purchased by a dealer in precious metals
shall be retained in unaltered condition for [five] ten full
working days after report of its purchase has been filed with
the proper district attorney or [his] the district attorney's
designee.
(b) Precious metal to be available for inspection.--Such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
item of precious metal shall be available for inspection, during
the [five] ten working days, by law enforcement officials of the
Federal Government, the Commonwealth or any of its
municipalities in the course of their law enforcement duties. A
search warrant shall not be required unless the inspection is
made during hours other than those when the dealer in precious
metals is open for business.
(c) Law enforcement officials to give notice when they
believe item was stolen.--If a law enforcement official has
probable cause to believe an item of precious metal has been
stolen, [he] the law enforcement officer may [give written
notice to the dealer in precious metals. Upon receipt of such
written notice, such dealer in precious metals shall retain the
item in unaltered condition for an additional seven days, unless
the law enforcement officer in writing recalls such notice.]
seize and retain the item in unaltered condition for a period of
no more than 30 days to determine whether or not the item was
stolen. The law enforcement officer shall provide notice to the
dealer upon seizing the item.
(d) Court may order [dealer to retain items] disposition of
items.--Upon application of the district attorney, any court of
proper jurisdiction, under its powers presently prescribed by
law, may order [the dealer in precious metals to retain such
item or items of precious metal at such place and under such
conditions as the court may decree.] that a law enforcement
officer:
(1) may retain an item of precious metal for a period of
more than 30 days; or
(2) shall return an item of precious metal to the
dealer.
20150SB0427PN0368 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(e) Where items to be retained.--Each item of precious metal
to be retained, pursuant to this section, shall be retained
within the county of purchase [at the location where purchased
by the dealer in precious metals], unless authorized in writing
by the district attorney or his designee to be retained
elsewhere.
Section 2. This act shall take effect immediately.
20150SB0427PN0368 - 3 -
1
2
3
4
5
6
7