Bill Text: CA AB2398 | 2021-2022 | Regular Session | Amended
Bill Title: Catalytic converters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-10-24 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2398 Detail]
Download: California-2021-AB2398-Amended.html
|
Amended
IN
Assembly
April 21, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2398
| Introduced by Assembly Member Villapudua |
February 17, 2022 |
An act to add Section 496f to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2398, as amended, Villapudua.
Catalytic converters.
Existing law prohibits the removal from a vehicle of any part without the consent of the owner. Existing law requires a core recycler who accepts a catalytic converter for recycling to maintain a written record that contains the name and driver’s license number of the seller of the catalytic converter and a statement indicating either that the seller is the owner of the catalytic converter or the name of the person from whom they obtained the catalytic converter, among other requirements.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The act also requires
the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor.
This bill would make the possession of a detached catalytic converter unauthorized possession of more than 4 detached catalytic converters a crime, punishable as a misdemeanor or a felony. The bill would make this crime inapplicable to a person who demonstrates authorization to possess the detached catalytic converter authorized possession of a detached catalytic converter by providing a certificate of title or registration showing the person’s interest in the vehicle from which the catalytic
converter was detached, written authorization from the person holding the certificate of title or registration, or evidence that the catalytic converter was acquired in a lawful transaction, as provided.
The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.
This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 496f is added to the Penal Code, to read:496f.
(a) A person(b) Subdivision (a) shall not apply to a person who demonstrates authorization to possess a
detached catalytic converter by possession of one authorized possession of a detached catalytic converter as demonstrated by any of the following:
(1) A certificate of title or certificate of registration showing the person’s interest in the vehicle from which the catalytic converter was detached that matches the vehicle identification number permanently marked on the catalytic converter.
(2) Written authorization, including the vehicle identification number, from the person or entity that holds the certificate of title or certificate of registration of the vehicle from which the catalytic converter was detached, possessed without the intent to deceive so long as the matching vehicle
identification number is permanently marked on the catalytic converter.
(3) Evidence that the catalytic converter was most recently acquired in a lawful transaction pursuant to the requirements of Section 21610 of the Business and Professions Code.
(c) Subdivision (a) shall not apply to a manufacturer of automobiles, a bona fide entity that is engaged in the business of automotive repair or automotive parts production, repair, sales, or distribution, or an employee or agent thereof if engaging in a lawful activity directly related to the business of automobile manufacture or repair.
(d) For purposes of this section, a catalytic converter is detached if it is not attached to the vehicle for which its use is intended or
to which the catalytic converter was initially attached.
(e) For the purposes of this section, “permanently marked” means marked in any permanent manner, including, but not limited to, an engraving or use of permanent ink.
