STATE OF NEW YORK ________________________________________________________________________ 1940 2021-2022 Regular Sessions IN ASSEMBLY January 13, 2021 ___________ Introduced by 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02256-01-1A. 1940 2 1 last five years of having violated the provisions of section 165.12 of 2 this article. 3 Theft of a catalytic converter in the second degree is a class A 4 misdemeanor. 5 § 165.14 Theft of a catalytic converter in the first degree. 6 A person is guilty of theft of a catalytic converter in the first 7 degree when he or she commits the offense of theft of a catalytic 8 converter in the second degree and he or she has been previously 9 convicted within the last five years of having violated the provisions 10 of section 165.13 of this article. 11 Theft of a catalytic converter in the first degree is a class E felo- 12 ny. 13 § 2. Section 165.45 of the penal law is amended by adding a new subdi- 14 vision 8 to read as follows: 15 8. The property consists of all or part of a catalytic converter. 16 § 3. Subdivision 15 of section 415-a of the vehicle and traffic law is 17 renumbered subdivision 16 and a new subdivision 15 is added to read as 18 follows: 19 15. Restrictions regarding catalytic converters. (a) No vehicle 20 dismantler, salvage pool, mobile car crusher, itinerant vehicle collec- 21 tor or scrap processor shall purchase, sell, take possession of or recy- 22 cle a used catalytic converter except as provided in this subdivision. 23 (b) As used in this subdivision: 24 (i) "catalytic converter" means a catalytic converter or other equip- 25 ment or feature constituting an operational element of a motor vehicle's 26 air pollution control system or mechanism required by federal or state 27 law or by any rules or regulations promulgated pursuant thereto, as 28 amended; and 29 (ii) "used catalytic converter" means a catalytic converter that was 30 previously installed in a vehicle and which has been removed from such 31 vehicle in whole or in part. 32 (c) No vehicle dismantler, salvage pool, mobile car crusher, itinerant 33 vehicle collector or scrap processor shall purchase or take possession 34 of, including for purposes of recycling or rebuilding, a used catalytic 35 converter from any person or entity other than a dealer registered 36 pursuant to section four hundred fifteen of this article, an insurance 37 company, a governmental agency, a person in whose name a certificate of 38 title or other ownership document has been issued for the vehicle from 39 which the catalytic converter was removed, a repair shop or a person 40 registered or certified or issued an identification number pursuant to 41 this section. 42 (d) No vehicle dismantler, salvage pool, mobile car crusher, itinerant 43 vehicle collector or scrap processor shall sell a used catalytic 44 converter that was acquired from any person or entity under circum- 45 stances other than as described in paragraph (c) of this subdivision. 46 (e) (i) Each vehicle dismantler, salvage pool, mobile car crusher, 47 itinerant vehicle collector or scrap processor who purchases or takes 48 possession of, including for purposes of recycling or rebuilding, a used 49 catalytic converter shall record the purchase of the catalytic converter 50 indicating the date of purchase, the name of seller, the seller's 51 address or, in the case that the seller is an individual, the seller's 52 residence address by street, number, city, village or town, the seller's 53 driver's license number or information from a government issued photo- 54 graphic identification card, if any, or by such description as will 55 reasonably locate the seller, or, if the seller was a repair shop, the 56 repair shop's license number. Such record shall be preserved by theA. 1940 3 1 vehicle dismantler, salvage pool, mobile car crusher, itinerant vehicle 2 collector or scrap processor for a period of three years. Such records 3 shall be available for inspection by the police department of the state 4 or of the municipality in which the vehicle dismantler, salvage pool, 5 mobile car crusher, itinerant vehicle collector or scrap processor is 6 located. 7 (ii) Each vehicle dismantler, salvage pool, mobile car crusher, itin- 8 erant vehicle collector or scrap processor shall cause the record 9 described in subparagraph (i) of this paragraph to be signed by the 10 seller or his agent. It shall be unlawful for any seller or agent to 11 refuse to furnish such information or to furnish incorrect or incomplete 12 information. The vehicle dismantler, salvage pool, mobile car crusher, 13 itinerant vehicle collector or scrap processor shall make and retain a 14 copy of the government issued photographic identification card used to 15 verify the identity of the person from whom the catalytic converter was 16 purchased or obtained and shall retain this copy in a separate book, 17 register or electronic archive for two years from the date of purchase. 18 Such records shall be available for inspection by the police department 19 of the state or of the municipality in which the vehicle dismantler, 20 salvage pool, mobile car crusher, itinerant vehicle collector or scrap 21 processor is located. 22 (f) Any vehicle dismantler, salvage pool, mobile car crusher, itiner- 23 ant vehicle collector or scrap processor that violates this subdivision 24 shall: 25 (i) be guilty of a class A misdemeanor; and 26 (ii) be subject to a fine of not less than one hundred dollars per 27 violation. 28 (g) Any vehicle dismantler, salvage pool, mobile car crusher, itiner- 29 ant vehicle collector or scrap processor that violates this subdivision 30 more than five times within a thirty-six-month period shall be subject 31 to having its license revoked. 32 § 4. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law. Effective immediately, the addition, amend- 34 ment and/or repeal of any rule or regulation necessary for the implemen- 35 tation of this act on its effective date are authorized and directed to 36 be made and completed on or before such effective date.