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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
catalytic converter; unlawful use; 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, if the violation involved 10 or more catalytic converters.
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).
A class 6 felony carries a presumptive imprisonment sentence of 1 year for a
first time felony offender, with a possible maximum sentence of 5.75 years for
aggravated offenses committed by a category 3 repetitive offender (A.R.S. §§ 13-702
and 13-703).
The fine for a felony may be up to $150,000 (A.R.S.
§ 13-801).
Catalytic converter means motor vehicle exhaust system parts that are used for controlling the exhaust emission from motor vehicles and that contains a catalyst metal (A.R.S. § 44-1642.01).
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, if the violation involved 10 or more catalytic converters.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/SB/cs