S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11160
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 165.12, 165.13 and 165.14 to read as follows:
 § 165.12 THEFT OF A CATALYTIC CONVERTER IN THE THIRD DEGREE.
   A  PERSON  IS  GUILTY  OF  THEFT OF A CATALYTIC CONVERTER IN THE THIRD
 DEGREE WHEN HE OR SHE REMOVES OR INTENTIONALLY DESTROYS OR  DEFACES  ALL
 OR  ANY  PART  OF  A  CATALYTIC  CONVERTER FROM AN ABANDONED VEHICLE, AS
 DEFINED IN SUBDIVISION ONE OF SECTION ONE THOUSAND TWO  HUNDRED  TWENTY-
 FOUR OF THE VEHICLE AND TRAFFIC LAW, EXCEPT THAT IT IS A DEFENSE TO SUCH
 CHARGE  THAT  SUCH  PERSON WAS AUTHORIZED TO DO SO PURSUANT TO LAW OR BY
 PERMISSION OF THE OWNER.
   THEFT OF A CATALYTIC CONVERTER IN THE THIRD DEGREE IS A CLASS B MISDE-
 MEANOR.
 § 165.13 THEFT OF A CATALYTIC CONVERTER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF THEFT OF A CATALYTIC  CONVERTER  IN  THE  SECOND
 DEGREE WHEN:
   1.  HE  OR SHE REMOVES OR INTENTIONALLY DESTROYS OR DEFACES ALL OR ANY
 PART OF A CATALYTIC CONVERTER FROM A VEHICLE, OTHER  THAN  AN  ABANDONED
 VEHICLE,  AS  DEFINED  IN  SUBDIVISION  ONE  OF SECTION ONE THOUSAND TWO
 HUNDRED TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, WITHOUT THE  PERMIS-
 SION OF THE OWNER; OR
   2.  HE OR SHE COMMITS THE OFFENSE OF THEFT OF A CATALYTIC CONVERTER IN
 THE THIRD DEGREE AND HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN  THE
 LAST  FIVE  YEARS OF HAVING VIOLATED THE PROVISIONS OF SECTION 165.12 OF
 THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17575-02-0

 A. 11160                            2
 
   THEFT OF A CATALYTIC CONVERTER IN THE  SECOND  DEGREE  IS  A  CLASS  A
 MISDEMEANOR.
 § 165.14 THEFT OF A CATALYTIC CONVERTER IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF  THEFT OF A CATALYTIC CONVERTER IN THE FIRST
 DEGREE WHEN HE OR SHE COMMITS  THE  OFFENSE  OF  THEFT  OF  A  CATALYTIC
 CONVERTER  IN  THE  SECOND  DEGREE  AND  HE  OR  SHE HAS BEEN PREVIOUSLY
 CONVICTED WITHIN THE LAST FIVE YEARS OF HAVING VIOLATED  THE  PROVISIONS
 OF SECTION 165.13 OF THIS ARTICLE.
   THEFT  OF A CATALYTIC CONVERTER IN THE FIRST DEGREE IS A CLASS E FELO-
 NY.
   § 2. Section 165.45 of the penal law is amended by adding a new subdi-
 vision 8 to read as follows:
   8. THE PROPERTY CONSISTS OF ALL OR PART OF A CATALYTIC CONVERTER.
   § 3. Subdivision 15 of section 415-a of the vehicle and traffic law is
 renumbered subdivision 16 and a new subdivision 15 is added to  read  as
 follows:
   15.  RESTRICTIONS  REGARDING  CATALYTIC  CONVERTERS.  (A)  NO  VEHICLE
 DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE  COLLEC-
 TOR OR SCRAP PROCESSOR SHALL PURCHASE, SELL, TAKE POSSESSION OF OR RECY-
 CLE A USED CATALYTIC CONVERTER EXCEPT AS PROVIDED IN THIS SUBDIVISION.
   (B) AS USED IN THIS SUBDIVISION:
   (I)  "CATALYTIC CONVERTER" MEANS A CATALYTIC CONVERTER OR OTHER EQUIP-
 MENT OR FEATURE CONSTITUTING AN OPERATIONAL ELEMENT OF A MOTOR VEHICLE'S
 AIR POLLUTION CONTROL SYSTEM OR MECHANISM REQUIRED BY FEDERAL  OR  STATE
 LAW  OR  BY  ANY  RULES  OR REGULATIONS PROMULGATED PURSUANT THERETO, AS
 AMENDED; AND
   (II) "USED CATALYTIC CONVERTER" MEANS A CATALYTIC CONVERTER  THAT  WAS
 PREVIOUSLY  INSTALLED  IN A VEHICLE AND WHICH HAS BEEN REMOVED FROM SUCH
 VEHICLE IN WHOLE OR IN PART.
   (C) NO VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT
 VEHICLE COLLECTOR OR SCRAP PROCESSOR SHALL PURCHASE OR  TAKE  POSSESSION
 OF,  INCLUDING FOR PURPOSES OF RECYCLING OR REBUILDING, A USED CATALYTIC
 CONVERTER FROM ANY PERSON OR  ENTITY  OTHER  THAN  A  DEALER  REGISTERED
 PURSUANT  TO  SECTION FOUR HUNDRED FIFTEEN OF THIS ARTICLE, AN INSURANCE
 COMPANY, A GOVERNMENTAL AGENCY, A PERSON IN WHOSE NAME A CERTIFICATE  OF
 TITLE  OR  OTHER OWNERSHIP DOCUMENT HAS BEEN ISSUED FOR THE VEHICLE FROM
 WHICH THE CATALYTIC CONVERTER WAS REMOVED, A REPAIR  SHOP  OR  A  PERSON
 REGISTERED  OR  CERTIFIED OR ISSUED AN IDENTIFICATION NUMBER PURSUANT TO
 THIS SECTION.
   (D) NO VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT
 VEHICLE COLLECTOR  OR  SCRAP  PROCESSOR  SHALL  SELL  A  USED  CATALYTIC
 CONVERTER  THAT  WAS  ACQUIRED  FROM  ANY PERSON OR ENTITY UNDER CIRCUM-
 STANCES OTHER THAN AS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (E) (I) EACH VEHICLE DISMANTLER, SALVAGE  POOL,  MOBILE  CAR  CRUSHER,
 ITINERANT  VEHICLE  COLLECTOR  OR SCRAP PROCESSOR WHO PURCHASES OR TAKES
 POSSESSION OF, INCLUDING FOR PURPOSES OF RECYCLING OR REBUILDING, A USED
 CATALYTIC CONVERTER SHALL RECORD THE PURCHASE OF THE CATALYTIC CONVERTER
 INDICATING THE DATE OF  PURCHASE,  THE  NAME  OF  SELLER,  THE  SELLER'S
 ADDRESS  OR,  IN THE CASE THAT THE SELLER IS AN INDIVIDUAL, THE SELLER'S
 RESIDENCE ADDRESS BY STREET, NUMBER, CITY, VILLAGE OR TOWN, THE SELLER'S
 DRIVER'S LICENSE NUMBER OR INFORMATION FROM A GOVERNMENT  ISSUED  PHOTO-
 GRAPHIC  IDENTIFICATION  CARD,  IF  ANY,  OR BY SUCH DESCRIPTION AS WILL
 REASONABLY LOCATE THE SELLER, OR, IF THE SELLER WAS A REPAIR  SHOP,  THE
 REPAIR  SHOP'S  LICENSE  NUMBER.  SUCH  RECORD SHALL BE PRESERVED BY THE
 VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT  VEHICLE
 COLLECTOR  OR  SCRAP PROCESSOR FOR A PERIOD OF THREE YEARS. SUCH RECORDS

 A. 11160                            3
 
 SHALL BE AVAILABLE FOR INSPECTION BY THE POLICE DEPARTMENT OF THE  STATE
 OR  OF  THE  MUNICIPALITY IN WHICH THE VEHICLE DISMANTLER, SALVAGE POOL,
 MOBILE CAR CRUSHER, ITINERANT VEHICLE COLLECTOR OR  SCRAP  PROCESSOR  IS
 LOCATED.
   (II)  EACH VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITIN-
 ERANT VEHICLE COLLECTOR  OR  SCRAP  PROCESSOR  SHALL  CAUSE  THE  RECORD
 DESCRIBED  IN  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH TO BE SIGNED BY THE
 SELLER OR HIS AGENT. IT SHALL BE UNLAWFUL FOR ANY  SELLER  OR  AGENT  TO
 REFUSE TO FURNISH SUCH INFORMATION OR TO FURNISH INCORRECT OR INCOMPLETE
 INFORMATION.  THE  VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER,
 ITINERANT VEHICLE COLLECTOR OR SCRAP PROCESSOR SHALL MAKE AND  RETAIN  A
 COPY  OF  THE GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION CARD USED TO
 VERIFY THE IDENTITY OF THE PERSON FROM WHOM THE CATALYTIC CONVERTER  WAS
 PURCHASED  OR  OBTAINED  AND  SHALL RETAIN THIS COPY IN A SEPARATE BOOK,
 REGISTER OR ELECTRONIC ARCHIVE FOR TWO YEARS FROM THE DATE OF  PURCHASE.
 SUCH  RECORDS SHALL BE AVAILABLE FOR INSPECTION BY THE POLICE DEPARTMENT
 OF THE STATE OR OF THE MUNICIPALITY IN  WHICH  THE  VEHICLE  DISMANTLER,
 SALVAGE  POOL,  MOBILE CAR CRUSHER, ITINERANT VEHICLE COLLECTOR OR SCRAP
 PROCESSOR IS LOCATED.
   (F) ANY VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER,  ITINER-
 ANT  VEHICLE COLLECTOR OR SCRAP PROCESSOR THAT VIOLATES THIS SUBDIVISION
 SHALL:
   (I) BE GUILTY OF A CLASS A MISDEMEANOR; AND
   (II) BE SUBJECT TO A FINE OF NOT LESS THAN  ONE  HUNDRED  DOLLARS  PER
 VIOLATION.
   (G)  ANY VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINER-
 ANT VEHICLE COLLECTOR OR SCRAP PROCESSOR THAT VIOLATES THIS  SUBDIVISION
 MORE  THAN  FIVE TIMES WITHIN A THIRTY-SIX-MONTH PERIOD SHALL BE SUBJECT
 TO HAVING ITS LICENSE REVOKED.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.