Bill Text: NJ S2675 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires proof of ownership prior to resale of catalytic converter and upgrades theft of catalytic converter to one degree higher than underlying offense.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2022-05-19 - Introduced in the Senate, Referred to Senate Commerce Committee [S2675 Detail]
Download: New_Jersey-2022-S2675-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Requires proof of ownership prior to resale of catalytic converter and upgrades theft of catalytic converter to one degree higher than underlying offense.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the ownership and theft of catalytic converters, supplementing P.L.2009, c.8, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.8 (C.45:28-1) is amended to read as follows:
1. As used in this act:
"Scrap metal" means used, discarded, or previously owned items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys, and shall include a used catalytic converter, in whole or in part, if the used catalytic converter is not attached to a motor vehicle.
"Scrap metal business" means a commercial establishment which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing.
(cf: P.L.2009, c.8, s.1)
2. Section 2 of P.L.2009, c.8 (C.45:28-2) is amended to read as follows:
2. The operator of a scrap metal business shall:
a. Verify the identity of any person delivering or selling scrap metal to the scrap metal business by requesting and examining a photograph-bearing, valid State or federal driver's license or other government-issued form of identification bearing a photograph;
b. Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver's license or other government-issued form of identification presented by the person delivering or selling the scrap metal, before receiving or purchasing any scrap metal from that person;
c. Maintain, for at least five years, a record of all receipts or purchases of scrap metal in excess of 100 pounds or $50, whichever is less, including, but not limited to:
(1) the date of receipt or purchase of the scrap metal;
(2) the name and address of the person delivering or selling the scrap metal;
(3) the type and number of the identification presented by the person delivering or selling the scrap metal, along with a copy of the driver's license or other government-issued form of identification;
(4) a description of the scrap metal received or purchased, including, but not limited to its type, amount, and form;
(5) the signature of the person delivering or selling the scrap metal; [and]
(6) for a used catalytic converter, in whole or in part, that is not attached to a motor vehicle at the time of sale or attempted sale, unless the seller is a registered business that, in the regular course of business, collects, stores, or sells a used catalytic converter or any other motor vehicle part:
(a) the vehicle identification number of the motor vehicle from which the catalytic converter was taken; and
(b) a copy of the certificate of title or registration, a receipt from a transaction of repair, or a bill of sale for the motor vehicle from which the catalytic converter was taken; and
(7) any other information as may be required by the Attorney General; [and]
d. Make any records maintained pursuant to subsection c. of this section available, upon request, to any law enforcement agency or official investigating the possible theft or resale of scrap metals; and
e. Purchase or attempt to purchase only from a person delivering or selling scrap metal who provides the information required pursuant to this section.
(cf: P.L.2009, c.8, s.2)
3. N.J.S.2C:20-2 is amended to read as follows:
2C:20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
b. Grading of theft offenses.
(1) Theft constitutes a crime of the second degree if:
(a) The amount involved is $75,000 or more;
(b) The property is taken by extortion;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more;
(e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or
(f) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500 but is less than $75,000;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
(d) It is from the person of the victim;
(e) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000;
(f) It is by threat not amounting to extortion;
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
(h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;
(j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;
(k) The property stolen consists of an access device or a defaced access device;
(l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine; or
(m) The property stolen consists of a package delivered to a residential property by a cargo carrier and the amount involved is less than $75,000 or is undetermined.
(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500.
(4) Theft constitutes a disorderly persons offense if:
(a) The amount involved was less than $200; or
(b) The property stolen is an electronic vehicle identification system transponder.
(5) Notwithstanding the provisions of paragraphs (1), (2), (3), or (4) of this subsection, if the property stolen is a catalytic converter, theft constitutes a crime one degree higher than the underlying theft offense.
The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or
(3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.
(cf: P.L.2021, c.448, s.1)
4. (New section) The purchase of a used catalytic converter, in whole or in part, that is not attached to a motor vehicle at the time of sale or attempted sale shall be limited to a scrap metal business, unless the seller of the used catalytic converter is a registered business that, in the regular course of business, collects, stores, or sells a catalytic converter or any other motor vehicle part.
5. This act shall take effect immediately.
STATEMENT
This bill modifies existing law on the regulation of scrap metal businesses to incorporate certain provisions concerning catalytic converters.
The bill amends the definition of "scrap metal" to include a used catalytic converter, in whole or in part, if the used catalytic converter is not attached to a motor vehicle.
The bill requires the owner of a scrap metal business to maintain, for at least five years, a record of all receipts or purchases of scrap metal in excess of 100 pounds or $50, whichever is less, including, among other items, the date of receipt or purchase of the scrap metal and the name and address of the person delivering or selling the scrap metal. The bill also expands the information the scrap metal business is to retain if a used catalytic converter not attached to a motor vehicle is purchased by the business from a seller that is not a registered business that, in the regular course of business, collects, stores, or sells a used catalytic converter or any other motor vehicle part. That information includes (1) the vehicle identification number of the motor vehicle from which the catalytic converter was taken; and (2) a copy of the certificate of title or registration, a receipt from a transaction of repair, or a bill of sale for the motor vehicle from which the catalytic converter was taken.
The bill also provides that the owner of a scrap metal business is required to purchase or attempt to purchase only from a person delivering or selling scrap metal who provides the information required.
The penalty for theft of a catalytic converter is also increased under the bill. Currently, theft offenses are graded based primarily on the value of the item involved or, for second and third degree crimes, graded by the attendant circumstances or category. While the theft of a converter may only net thieves between $50 to $150 per device, replacing one on a vandalized vehicle can cost thousands of dollars. It is the sponsor's view that this discrepancy between the value of the stolen part or the amount a purchaser would pay, versus the cost of replacing the part can incentivize theft of these devices, and should be addressed in the form of higher penalties for the underlying theft. This bill directs that if the property stolen is a catalytic converter, theft constitutes a crime one degree higher than the underlying theft offense.
Lastly, the bill provides that offering or attempting to offer for sale a used catalytic converter, in whole or in part, that is not attached to a motor vehicle is to be limited to a scrap metal business, unless the seller of the used catalytic converter is a registered business that, in the regular course of business, collects, stores, or sells a catalytic converter or any other motor vehicle part.
