S T A T E O F N E W Y O R K
________________________________________________________________________
1940
2021-2022 Regular Sessions
I N A S S E M B L Y
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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02256-01-1
A. 1940 2
LAST FIVE YEARS OF HAVING VIOLATED THE PROVISIONS OF SECTION 165.12 OF
THIS ARTICLE.
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
A. 1940 3
VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE
COLLECTOR OR SCRAP PROCESSOR FOR A PERIOD OF THREE YEARS. 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.
(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.