Bill Text: HI HB1091 | 2021 | Regular Session | Introduced
Bill Title: Relating To Theft.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2021-02-01 - Referred to CPC, JHA, referral sheet 3 [HB1091 Detail]
Download: Hawaii-2021-HB1091-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1091 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THEFT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§708- Theft of catalytic converter. (1)
A person commits the offense of theft of
catalytic converter if the person:
(a) Obtains
a catalytic converter through any means described in section 708-830; or
(b) Violates
section 445-233 in regard to a scrap catalytic converter.
(2) For the purposes of this section, "catalytic
converter" means a device that is incorporated in a motor vehicle's exhaust
system and contains a catalyst for converting pollutant gas emissions into less
harmful emissions.
(3) Theft of catalytic converter is a class C felony."
SECTION 2. Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst, including but not limited to palladium, platinum, and rhodium, for converting pollutant gas emissions into less harmful emissions."
SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) If the scrap presented for purchase is
copper, palladium, platinum, rhodium, a beer keg, [or] an urn, or
a scrap catalytic converter from which some or all of the
catalyst metals have been removed, in whole or in part, the seller
shall provide a copy of a receipt that describes, with particularity:
(1) The
exact item that is being offered for sale;
(2) Who
issued the receipt;
(3) The
date of sale of the item prior to the item's being offered to the scrap dealer;
and
(4) The
price, if any, of the item when obtained by the seller."
2. By amending subsections (d) through (f) to read:
"(d) If the seller does not provide a copy of the
receipt or the notarized declaration as required by subsections (b) and (c), the
scrap dealer shall not purchase the copper, palladium, platinum, rhodium,
beer keg, [or] urn, or a scrap catalytic converter from which some or
all of the catalyst metals have been removed, in whole or in part, and
shall report the attempted sale to the police.
(e) If the scrap dealer purchases any copper, palladium,
platinum, rhodium, beer keg, [or] urn, or scrap catalytic converter
from which some or all of the catalyst metals have been
removed, in whole or in part, the scrap dealer shall take a photograph
or photographs of all of the [copper, beer keg, or urn,] purchased items
offered for sale.
(f) The scrap dealer shall also require
the seller to verify the seller's identity by presenting a valid photo
identification card or license issued by a federal or state government agency
authorized to issue valid identification.
If the scrap being offered for sale is copper, palladium, platinum, rhodium,
a beer keg, [or] an urn, or a scrap catalytic converter from which some
or all of the catalyst metals have been removed, in whole or in part, the
scrap dealer shall:
(1) Take a photograph of the seller; or
(2) Make a photocopy of the identification card or
license of the seller."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Catalytic Converter; Theft; Penal Code; Class C Felony; Scrap Dealers; Statement
Description:
Establishes the offense of theft of catalytic converter as a class C felony. Defines "catalytic converter." Requires scrap dealers to follow the same requirements regarding a written statement for the purchase of palladium, platinum, rhodium, and a scrap catalytic converter from which some or all of the catalyst metals have been removed as is required for the purchase of copper, beer kegs, and urns.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
