Assigned to JUD                                                                                                            AS PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1185

catalytic converter; unlawful use; classification

Purpose

Increases the penalty for the unlawful purchase, solicitation, advertisement, possession or sale of a used detached catalytic converter from a class 1 misdemeanor to a class 6 felony, if the violation involved 10 or more used detached 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 detached catalytic converter from a class 1 misdemeanor to a class 6 felony, if the violation involved 10 or more used detached catalytic converters.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

1. Specifies, in the provisions relating to the unlawful purchase, solicitation, advertisement, possession or sale of used catalytic converters, that the used catalytic converters must be detached.

2. Specifies that the outlined class 6 felony applies to the unlawful purchase, solicitation, advertisement, possession or sale of 10 or more used detached catalytic converters, rather than 10 or more catalytic converters.

3. Makes conforming changes.

Senate Action House Action

JUD                 2/15/24      DP       5-1-1                   JUD                 3/6/24        DP       6-2-1-0

3^rd Read           2/22/24                  18-10-2               3^rd Read           3/20/24                  29-24-3-0-1

                                                                                 3^rd Read*         6/14/24                  38-21-1

                                                                                                            *on reconsideration

Prepared by Senate Research

June 14, 2024

ZD/SB/cs