 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
catalytic converters; crime; classification
Purpose
Increases the penalty for the unlawful purchase, solicitation, advertisement, possession or sale of a used catalytic converter from a class 1 misdemeanor to a class 6 felony.
Background
A person who purchases, solicits, advertises, possesses or sells a catalytic converter or any nonferrous parts of a catalytic converter is subject to a class 1 misdemeanor. This prohibition does not apply to: 1) the possession or sale by a licensed automotive recycler if the possession or sale is in the automotive recycler's ordinary course of business; 2) the purchase or sale of a used catalytic converter or any nonferrous parts of a catalytic converter acquired in a transaction with an industrial account, with another scrap metal dealer, or after the authorized release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts; or 3) the possession or sale by a commercial motor vehicle parts or repair business that sells or installs a new catalytic converter if the possession or sale is in the business's ordinary course of business (A.R.S. § 13-3728).
A class 1 misdemeanor carries a maximum imprisonment sentence of 6 months and a civil penalty of not more than $2,500 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases the penalty for the unlawful purchase, solicitation, advertisement, possession or sale of a used catalytic converter from a class 1 misdemeanor to a class 6 felony.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2023
ZD/SB/sr