NY State Senate Bill 2023-S8968

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 03, 2024	referred to transportation

2023-S8968 (ACTIVE) - Details

See Assembly Version of this Bill:: A8841
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 12-E §399-u, V & T L; amd §§165.55, 165.45 & 60.27, Pen L

2023-S8968 (ACTIVE) - Summary

Regulates the purchase and sale of catalytic converters; permits only licensed or regulated scrap metal dealers, vehicle dealers, vehicle dismantlers or repair shops to possess, purchase or sell catalytic converters; makes unlawful possession an E felony; requires restitution.

2023-S8968 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8968

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the penal law, in
relation to regulating the purchase and sale of catalytic converters

 
PURPOSE:

The purpose of this legislation is to clarify who can buy or sell used,
detached catalytic converters. This legislation further prohibits the
possession of two or more catalytic converters by any individual who is
not registered as a scrap metal dealer, vehicle dismantler, or repair
shop.

 
SUMMARY OF PROVISIONS:

Section 1: The vehicle and traffic law is amended by adding a new arti-
cle 12-E defining "catalytic converter". This new article further delin-
eates the standards and regulations for the purchasing, selling and
handling of detached catalytic converters.

Section 2: Section 165.55 of the penal law is amended by adding a new
subdivision 5 clarifying that any individual who does not possess a
required license as set forth in article 12-E of the vehicle and traffic
law shall be presumed to know that such catalytic converters are stolen
property.

Section 3: Section 165.45 of the penal law is amended by adding a new
subdivision 8 clarifying that each unlawfully obtained detached catalyt-
ic converter in an individual's possession shall be a separate
violation. This subdivision further delineates any catalytic converter
in the possession of such individual shall be subject to seizure and
forfeiture by law enforcement officers.

Section 4: Section 60.27 of the penal law is amended by adding a new
subdivision 15 requiring the court to order the defendant to pay for the
repair and replacement of the catalytic converter.

Section 5: Establishes the enacting clause.

 
JUSTIFICATION:

In recent years, New York has experienced a significant uptick in cata-
lytic converter theft, resulting in a large number of New Yorkers fall-
ing victim to a costly and often unresolvable crime. In Suffolk County,
reported catalytic converter theft more than quadrupled between the
years of 2021 and 2022, rising from 282 thefts to 1,581.1 Victims of
catalytic converter theft face not only the inconvenience and loss of
their vehicles during a lengthy repairs process, but also the financial
burden of repairs and replacement. While a used catalytic converter may
be sold at an average cost of $73.19, the costs to replace and repair a
vehicle's catalytic converter can cost up to thousands of dollars.'

The ability of law enforcement to address and intercede this proliferat-
ing crime is often hampered both by the speed in which catalytic
converters can be stolen and the difficulty of obtaining probable cause
from an offender. Under current law, apprehending an individual solely
on suspicion of possessing multiple catalytic converters has become
increasingly difficult. Unless caught in the act, the possession of
stolen catalytic converters does not fall within probable cause for an
arrest. Catalytic converters bear no identifying serial numbers connect-
ing it to the original vehicle, therefore, the stolen converter is
largely untraceable. This legislation aims to provide an effective meth-
od to deter catalytic converter theft, and justice to victims.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
1 CBS News, 2023. Catalytic converter thefts on Long Island more than
quadrupled from 2021 to 2022. Retrieved from:
https://www.cbsnews.com/newyork/newskatalytic-converter-thefts-on-long-
island-morethan-quadrupled-from-2021-to-2022/
2 RR Cats, 2024. Catalytic Converter Grade Guide. Retrieved from:
https://rrcats.com/catalytic-converterscrap-prices/picturest :-:text=%24
71.90~/02Feach,catalytie/020converters%20in%20the%2OUS.

2023-S8968 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8968
 
                             I N  S E N A T E
 
                               April 3, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
   relation to regulating the purchase and sale of catalytic converters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 12-E to read as follows:
                               ARTICLE 12-E
                           CATALYTIC CONVERTERS
 SECTION 399-U. CATALYTIC CONVERTERS.
   §  399-U.  CATALYTIC  CONVERTERS.  1. FOR THE PURPOSES OF THIS ARTICLE
 "CATALYTIC CONVERTER" MEANS AN EXHAUST  EMISSION  CONTROL  DEVICE  WHICH
 MODIFIES  EXHAUST GAS FROM AN INTERNAL COMBUSTION ENGINE BY CATALYZING A
 REDOX REACTION.
   2. (A) ANY PERSON ENGAGED IN THE BUSINESS OF BUYING OR  SELLING  UNAT-
 TACHED CATALYTIC CONVERTERS AS SEPARATE ITEMS, NOT AS PART OF A SCRAPPED
 OR DISMANTLED MOTOR VEHICLE, SHALL BE REGISTERED AS EITHER A SCRAP METAL
 DEALER  UNDER  ARTICLE  SIX-C  OF  THE GENERAL BUSINESS LAW, A DEALER OR
 VEHICLE DISMANTLER UNDER ARTICLE SIXTEEN OF THIS  CHAPTER  OR  A  REPAIR
 SHOP  LICENSED  UNDER SECTION THREE HUNDRED NINETY-EIGHT-B OF THIS CHAP-
 TER.
   (B) ANY PERSON WHO PURCHASES  A  USED,  DETACHED  CATALYTIC  CONVERTER
 SHALL  BE  REGISTERED AS EITHER A SCRAP METAL DEALER UNDER ARTICLE SIX-C
 OF THE GENERAL BUSINESS LAW, A DEALER OR VEHICLE DISMANTLER UNDER  ARTI-
 CLE  SIXTEEN  OF  THIS  CHAPTER  OR A REPAIR SHOP LICENSED UNDER SECTION
 THREE HUNDRED NINETY-EIGHT-B OF THIS CHAPTER.
   3. A SCRAP METAL DEALER, AS DEFINED IN ARTICLE SIX-C  OF  THE  GENERAL
 BUSINESS  LAW,  SHALL NOT PURCHASE OR OTHERWISE ACQUIRE A USED, DETACHED
 CATALYTIC CONVERTER OR ANY  NONFERROUS  METAL  PART  OF  SUCH  CONVERTER
 UNLESS:
   (A)  THE  USED,  DETACHED  CATALYTIC  CONVERTER IS PURCHASED AT A SITE
 LICENSED BY THE DEPARTMENT THROUGH AN IN-PERSON TRANSACTION; AND
   (B) THE SCRAP METAL DEALER:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11802-01-3
 S. 8968                             2
 
   (I) OBTAINS, VERIFIES, AND MAINTAINS ALL IDENTIFICATION OF THE  SELLER
 AND  THE  VEHICLE  THE  CATALYTIC  CONVERTER WAS REMOVED FROM, INCLUDING
 YEAR, MAKE, MODEL AND VEHICLE IDENTIFICATION NUMBER; AND
   (II) OBTAINS AND MAINTAINS A COPY OF THE SELLER'S LICENSE OR A COPY OF
 THE DOCUMENTATION AND VEHICLE REGISTRATION.
   4.  A USED, DETACHED CATALYTIC CONVERTER OR ANY PART OF SUCH CONVERTER
 SHALL NOT BE SHIPPED, UNLESS THE CONVERTER OR PART OF SUCH CONVERTER  IS
 BEING SHIPPED BETWEEN LICENSED ENTITIES.
   5.  A  SCRAP  METAL  DEALER SHALL INDICATE IN THE SCRAP METAL DEALER'S
 RECORDS ANY OBVIOUS MARKINGS ON THE USED, DETACHED CATALYTIC  CONVERTER,
 INCLUDING  LABELS,  AND ENGRAVINGS, THAT WOULD AID IN THE IDENTIFICATION
 OF SUCH CATALYTIC CONVERTER.
   6. ONLY THE FOLLOWING PERSONS MAY POSSESS OR  SELL  A  USED,  DETACHED
 CATALYTIC CONVERTER:
   (A) A MOTOR VEHICLE DISMANTLER AND RECYCLER REQUIRED TO BE LICENSED BY
 THE DEPARTMENT;
   (B) A LICENSED SCRAP METAL PROCESSING FACILITY OR SCRAP PROCESSOR;
   (C) A MOTOR VEHICLE DEALER LICENSED BY THE DEPARTMENT;
   (D)  A  LICENSED MOTOR VEHICLE REPAIR SHOP OR A MECHANIC EMPLOYED AT A
 REPAIR SHOP IN THE COURSE OF BUSINESS OF SUCH LICENSED ENTITY;
   (E) ANY OTHER LICENSED BUSINESS THAT MAY REASONABLY GENERATE, POSSESS,
 OR SELL USED, DETACHED CATALYTIC CONVERTERS; OR
   (F) AN INDIVIDUAL WHO  POSSESSES  DOCUMENTATION  INDICATING  THAT  THE
 CATALYTIC  CONVERTER  IN  THE INDIVIDUAL'S POSSESSION IS THE RESULT OF A
 REPLACEMENT OF A CATALYTIC CONVERTER FROM A VEHICLE REGISTERED  IN  THAT
 INDIVIDUAL'S NAME.
   7.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE DEEMED TO PROHIBIT A
 REGISTERED VEHICLE DISMANTLER OR OTHER PERSONS ENGAGED IN  THE  TRANSFER
 OR  DISPOSAL  OF  JUNK  AND  SALVAGE VEHICLES, OR A LICENSED SCRAP METAL
 PROCESSOR,  FROM  TRANSPORTING  AND  SELLING  USED,  DETACHED  CATALYTIC
 CONVERTERS FOR THE RECOVERY OF THE METALS OR OTHER COMPONENTS THEREOF.
   § 2. Section 165.55 of the penal law is amended by adding a new subdi-
 vision 5 to read as follows:
   5.  ANY  PERSON WHO POSSESSES TWO OR MORE CATALYTIC CONVERTERS AND WHO
 DOES NOT POSSESS A REQUIRED LICENSE AS SET FORTH IN ARTICLE TWELVE-E  OF
 THE VEHICLE AND TRAFFIC LAW SHALL BE PRESUMED TO KNOW THAT SUCH CATALYT-
 IC CONVERTERS ARE STOLEN PROPERTY.
   § 3. Section 165.45 of the penal law is amended by adding a new subdi-
 vision 8 to read as follows:
   8.  THE  PERSON  POSSESSES  A USED, DETACHED CATALYTIC CONVERTER WHICH
 SUCH PERSON IS NOT OTHERWISE AUTHORIZED TO POSSESS PURSUANT  TO  ARTICLE
 TWELVE-E  OF  THE  VEHICLE  AND TRAFFIC LAW. EACH UNLAWFULLY OBTAINED OR
 POSSESSED  USED,  DETACHED  CATALYTIC  CONVERTER  SHALL  BE  A  SEPARATE
 VIOLATION.  WHERE  AN INDIVIDUAL IS CONVICTED UNDER THIS SUBDIVISION ANY
 CATALYTIC CONVERTER IN THE POSSESSION OF SUCH PERSON SHALL BE SUBJECT TO
 SEIZURE AND FORFEITURE BY LAW ENFORCEMENT OFFICERS.
   § 4. Section 60.27 of the penal law is amended by adding a new  subdi-
 vision 15 to read as follows:
   15. IF THE OFFENSE OF WHICH A PERSON IS CONVICTED IS DEFINED IN SUBDI-
 VISION EIGHT OF SECTION 165.45 OF THIS CHAPTER THE COURT, IN ADDITION TO
 ANY  OTHER SENTENCE, SHALL ORDER THE DEFENDANT TO PAY FOR THE REPAIR AND
 REPLACEMENT OF THE CATALYTIC CONVERTER.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S8968

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2023-S8968 (ACTIVE) - Details

2023-S8968 (ACTIVE) - Summary

2023-S8968 (ACTIVE) - Sponsor Memo

2023-S8968 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8968

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Sponsored By

Monica R. Martinez

Current Bill Status - In Senate Committee Transportation Committee

2023-S8968 (ACTIVE) - Details

2023-S8968 (ACTIVE) - Summary

2023-S8968 (ACTIVE) - Sponsor Memo

2023-S8968 (ACTIVE) - Bill Text download pdf

Comments