A01940 Summary:

BILL NOA01940
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSR
 
MLTSPNSR
 
Add 165.12, 165.13 & 165.14, amd 165.45, Pen L; amd 415-a, V & T L
 
Criminalizes the theft of a catalytic converter; includes possession of a stolen catalytic converter in the definition of criminal possession of stolen property in the fourth degree; imposes restrictions on the purchase, sale and possession of catalytic converters by vehicle dismantlers, salvage pools, mobile car crushers, itinerant vehicle collectors and scrap processors.
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A01940 Actions:

BILL NOA01940
 
01/13/2021referred to codes
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A01940 Committee Votes:

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A01940 Floor Votes:

There are no votes for this bill in this legislative session.
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A01940 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1940
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to criminalizing the theft of
          a catalytic converter; and to amend the vehicle and  traffic  law,  in
          relation to imposing restrictions on the purchase, sale and possession
          of  catalytic converters by vehicle dismantlers, salvage pools, mobile
          car crushers, itinerant vehicle collectors and scrap processors
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  penal  law  is  amended by adding three new sections
     2  165.12, 165.13 and 165.14 to read as follows:
     3  § 165.12 Theft of a catalytic converter in the third degree.
     4    A person is guilty of theft of a  catalytic  converter  in  the  third
     5  degree  when  he or she removes or intentionally destroys or defaces all
     6  or any part of a catalytic  converter  from  an  abandoned  vehicle,  as
     7  defined  in  subdivision one of section one thousand two hundred twenty-
     8  four of the vehicle and traffic law, except that it is a defense to such
     9  charge that such person was authorized to do so pursuant to  law  or  by
    10  permission of the owner.
    11    Theft of a catalytic converter in the third degree is a class B misde-
    12  meanor.
    13  § 165.13 Theft of a catalytic converter in the second degree.
    14    A  person  is  guilty  of theft of a catalytic converter in the second
    15  degree when:
    16    1. He or she removes or intentionally destroys or defaces all  or  any
    17  part  of  a  catalytic converter from a vehicle, other than an abandoned
    18  vehicle, as defined in subdivision  one  of  section  one  thousand  two
    19  hundred  twenty-four of the vehicle and traffic law, without the permis-
    20  sion of the owner; or
    21    2. He or she commits the offense of theft of a catalytic converter  in
    22  the  third degree and he or she has been previously convicted within the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02256-01-1

        A. 1940                             2
 
     1  last five years of having violated the provisions of section  165.12  of
     2  this article.
     3    Theft  of  a  catalytic  converter  in  the second degree is a class A
     4  misdemeanor.
     5  § 165.14 Theft of a catalytic converter in the first degree.
     6    A person is guilty of theft of a  catalytic  converter  in  the  first
     7  degree  when  he  or  she  commits  the  offense of theft of a catalytic
     8  converter in the second  degree  and  he  or  she  has  been  previously
     9  convicted  within  the last five years of having violated the provisions
    10  of section 165.13 of this article.
    11    Theft of a catalytic converter in the first degree is a class E  felo-
    12  ny.
    13    § 2. Section 165.45 of the penal law is amended by adding a new subdi-
    14  vision 8 to read as follows:
    15    8. The property consists of all or part of a catalytic converter.
    16    § 3. Subdivision 15 of section 415-a of the vehicle and traffic law is
    17  renumbered  subdivision  16 and a new subdivision 15 is added to read as
    18  follows:
    19    15.  Restrictions  regarding  catalytic  converters.  (a)  No  vehicle
    20  dismantler,  salvage pool, mobile car crusher, itinerant vehicle collec-
    21  tor or scrap processor shall purchase, sell, take possession of or recy-
    22  cle a used catalytic converter except as provided in this subdivision.
    23    (b) As used in this subdivision:
    24    (i) "catalytic converter" means a catalytic converter or other  equip-
    25  ment or feature constituting an operational element of a motor vehicle's
    26  air  pollution  control system or mechanism required by federal or state
    27  law or by any rules or  regulations  promulgated  pursuant  thereto,  as
    28  amended; and
    29    (ii)  "used  catalytic converter" means a catalytic converter that was
    30  previously installed in a vehicle and which has been removed  from  such
    31  vehicle in whole or in part.
    32    (c) No vehicle dismantler, salvage pool, mobile car crusher, itinerant
    33  vehicle  collector  or scrap processor shall purchase or take possession
    34  of, including for purposes of recycling or rebuilding, a used  catalytic
    35  converter  from  any  person  or  entity  other than a dealer registered
    36  pursuant to section four hundred fifteen of this article,  an  insurance
    37  company,  a governmental agency, a person in whose name a certificate of
    38  title or other ownership document has been issued for the  vehicle  from
    39  which  the  catalytic  converter  was removed, a repair shop or a person
    40  registered or certified or issued an identification number  pursuant  to
    41  this section.
    42    (d) No vehicle dismantler, salvage pool, mobile car crusher, itinerant
    43  vehicle  collector  or  scrap  processor  shall  sell  a  used catalytic
    44  converter that was acquired from any  person  or  entity  under  circum-
    45  stances other than as described in paragraph (c) of this subdivision.
    46    (e)  (i)  Each  vehicle  dismantler, salvage pool, mobile car crusher,
    47  itinerant vehicle collector or scrap processor who  purchases  or  takes
    48  possession of, including for purposes of recycling or rebuilding, a used
    49  catalytic converter shall record the purchase of the catalytic converter
    50  indicating  the  date  of  purchase,  the  name  of seller, the seller's
    51  address or, in the case that the seller is an individual,  the  seller's
    52  residence address by street, number, city, village or town, the seller's
    53  driver's  license  number or information from a government issued photo-
    54  graphic identification card, if any, or  by  such  description  as  will
    55  reasonably  locate  the seller, or, if the seller was a repair shop, the
    56  repair shop's license number. Such record  shall  be  preserved  by  the

        A. 1940                             3
 
     1  vehicle  dismantler, salvage pool, mobile car crusher, itinerant vehicle
     2  collector or scrap processor for a period of three years.  Such  records
     3  shall  be available for inspection by the police department of the state
     4  or  of  the  municipality in which the vehicle dismantler, salvage pool,
     5  mobile car crusher, itinerant vehicle collector or  scrap  processor  is
     6  located.
     7    (ii)  Each vehicle dismantler, salvage pool, mobile car crusher, itin-
     8  erant vehicle collector  or  scrap  processor  shall  cause  the  record
     9  described  in  subparagraph  (i)  of  this paragraph to be signed by the
    10  seller or his agent. It shall be unlawful for any  seller  or  agent  to
    11  refuse to furnish such information or to furnish incorrect or incomplete
    12  information.  The  vehicle dismantler, salvage pool, mobile car crusher,
    13  itinerant vehicle collector or scrap processor shall make and  retain  a
    14  copy  of  the government issued photographic identification card used to
    15  verify the identity of the person from whom the catalytic converter  was
    16  purchased  or  obtained  and  shall retain this copy in a separate book,
    17  register or electronic archive for two years from the date of  purchase.
    18  Such  records shall be available for inspection by the police department
    19  of the state or of the municipality in  which  the  vehicle  dismantler,
    20  salvage  pool,  mobile car crusher, itinerant vehicle collector or scrap
    21  processor is located.
    22    (f) Any vehicle dismantler, salvage pool, mobile car crusher,  itiner-
    23  ant  vehicle collector or scrap processor that violates this subdivision
    24  shall:
    25    (i) be guilty of a class A misdemeanor; and
    26    (ii) be subject to a fine of not less than  one  hundred  dollars  per
    27  violation.
    28    (g)  Any vehicle dismantler, salvage pool, mobile car crusher, itiner-
    29  ant vehicle collector or scrap processor that violates this  subdivision
    30  more  than  five times within a thirty-six-month period shall be subject
    31  to having its license revoked.
    32    § 4. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law. Effective immediately, the addition,  amend-
    34  ment and/or repeal of any rule or regulation necessary for the implemen-
    35  tation  of this act on its effective date are authorized and directed to
    36  be made and completed on or before such effective date.
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