Bill Text: NY A11160 | 2019-2020 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-12-04 - referred to codes [A11160 Detail]

Download: New_York-2019-A11160-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          11160

                   IN ASSEMBLY

                                    December 4, 2020
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of 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
    23  last  five  years of having violated the provisions of section 165.12 of
    24  this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17575-02-0
        A. 11160                            2

     1    Theft of a catalytic converter in the  second  degree  is  a  class  A
     2  misdemeanor.
     3  § 165.14 Theft of a catalytic converter in the first degree.
     4    A  person  is  guilty  of  theft of a catalytic converter in the first
     5  degree when he or she commits  the  offense  of  theft  of  a  catalytic
     6  converter  in  the  second  degree  and  he  or  she has been previously
     7  convicted within the last five years of having violated  the  provisions
     8  of section 165.13 of this article.
     9    Theft  of a catalytic converter in the first degree is a class E felo-
    10  ny.
    11    § 2. Section 165.45 of the penal law is amended by adding a new subdi-
    12  vision 8 to read as follows:
    13    8. The property consists of all or part of a catalytic converter.
    14    § 3. Subdivision 15 of section 415-a of the vehicle and traffic law is
    15  renumbered subdivision 16 and a new subdivision 15 is added to  read  as
    16  follows:
    17    15.  Restrictions  regarding  catalytic  converters.  (a)  No  vehicle
    18  dismantler, salvage pool, mobile car crusher, itinerant vehicle  collec-
    19  tor or scrap processor shall purchase, sell, take possession of or recy-
    20  cle a used catalytic converter except as provided in this subdivision.
    21    (b) As used in this subdivision:
    22    (i)  "catalytic converter" means a catalytic converter or other equip-
    23  ment or feature constituting an operational element of a motor vehicle's
    24  air pollution control system or mechanism required by federal  or  state
    25  law  or  by  any  rules  or regulations promulgated pursuant thereto, as
    26  amended; and
    27    (ii) "used catalytic converter" means a catalytic converter  that  was
    28  previously  installed  in a vehicle and which has been removed from such
    29  vehicle in whole or in part.
    30    (c) No vehicle dismantler, salvage pool, mobile car crusher, itinerant
    31  vehicle collector or scrap processor shall purchase or  take  possession
    32  of,  including for purposes of recycling or rebuilding, a used catalytic
    33  converter from any person or  entity  other  than  a  dealer  registered
    34  pursuant  to  section four hundred fifteen of this article, an insurance
    35  company, a governmental agency, a person in whose name a certificate  of
    36  title  or  other ownership document has been issued for the vehicle from
    37  which the catalytic converter was removed, a repair  shop  or  a  person
    38  registered  or  certified or issued an identification number pursuant to
    39  this section.
    40    (d) No vehicle dismantler, salvage pool, mobile car crusher, itinerant
    41  vehicle collector  or  scrap  processor  shall  sell  a  used  catalytic
    42  converter  that  was  acquired  from  any person or entity under circum-
    43  stances other than as described in paragraph (c) of this subdivision.
    44    (e) (i) Each vehicle dismantler, salvage  pool,  mobile  car  crusher,
    45  itinerant  vehicle  collector  or scrap processor who purchases or takes
    46  possession of, including for purposes of recycling or rebuilding, a used
    47  catalytic converter shall record the purchase of the catalytic converter
    48  indicating the date of  purchase,  the  name  of  seller,  the  seller's
    49  address  or,  in the case that the seller is an individual, the seller's
    50  residence address by street, number, city, village or town, the seller's
    51  driver's license number or information from a government  issued  photo-
    52  graphic  identification  card,  if  any,  or by such description as will
    53  reasonably locate the seller, or, if the seller was a repair  shop,  the
    54  repair  shop's  license  number.  Such  record shall be preserved by the
    55  vehicle dismantler, salvage pool, mobile car crusher, itinerant  vehicle
    56  collector  or  scrap processor for a period of three years. Such records
        A. 11160                            3

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