Bill Text: CA AB2407 | 2021-2022 | Regular Session | Amended
Bill Title: Vehicle tampering: theft of catalytic converters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2407 Detail]
Download: California-2021-AB2407-Amended.html
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Amended
IN
Senate
June 08, 2022 |
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Amended
IN
Assembly
March 10, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2407
| Introduced by Assembly Member O’Donnell |
February 17, 2022 |
An act to amend Section 21610 of the Business and Professions Code and to amend Section 11199.5 of the Penal Code, relating to vehicle tampering.
LEGISLATIVE COUNSEL'S DIGEST
AB 2407, as amended, O’Donnell.
Vehicle tampering: theft of catalytic converters.
(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.
This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill
would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. years, except as specified. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal
thefts.
This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21610 of the Business and Professions Code is amended to read:21610.
(a) For the purposes of this section, the term “core recycler” means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:
(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.
(B) The name, valid driver’s license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recycler’s place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.
(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.
(D) A statement indicating either that the seller of the catalytic converter
is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.
(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.
(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:
(1) The name and address of each person to whom the catalytic converter is sold or disposed of.
(2) The quantity of catalytic converters being sold or shipped.
(3) The amount that was paid for the catalytic converters sold in the transaction.
(4) The date of the transaction.
(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:
(1) The payment is made by check and provided to the seller by either of the following:
(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).
(ii) For a seller that is a business, mailed to the seller’s business address.
(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.
(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.
(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid driver’s license of the seller or the seller’s agent containing a photograph and an address of the seller or the seller’s agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the seller’s agent.
(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, “alternative address” means
an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.
(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.
(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officer’s authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.
(C) This paragraph does not apply to a seller who is any of the following:
(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.
(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.
(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.
(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.
(v) Any other licensed business that may reasonably
generate, possess, or sell used catalytic converters.
(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.
(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:
(1) Name of seller or agent acting on behalf of the seller.
(2) Date of transaction.
(3) Number of catalytic converters received in the course of the transaction.
(4) Amount of money that was paid for catalytic converters in the course of the transaction.
(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recycler’s geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.
(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system.
(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.
(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.
(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.
(k) A person who violates the requirements of this section is guilty of a misdemeanor.
(l) Upon conviction, a person who knowingly and willfully violates the requirements
of this section shall be punished as follows:
(1) For a first conviction, by a fine of one thousand dollars ($1,000).
(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).
(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.
(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).
(B) In addition to the fine imposed pursuant to subparagraph (A),
the court shall order the defendant to cease engaging in the
business of a core recycler for a period not less than one year.
(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
