Bill Text: CA AB1984 | 2021-2022 | Regular Session | Introduced
Bill Title: Vehicles: possession of stolen catalytic converter.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2022-02-18 - Referred to Coms. on TRANS. and PUB. S. [AB1984 Detail]
Download: California-2021-AB1984-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1984
| Introduced by Assembly Member Choi (Coauthors: Assembly Members Chen, Lackey, Mathis, Nguyen, and Seyarto) (Coauthors: Senators Grove, Newman, and Nielsen) |
February 10, 2022 |
An act to add Section 10851.7 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1984, as introduced, Choi.
Vehicles: possession of stolen catalytic converter.
Existing law prohibits the buying or receiving of stolen property, as specified. Existing law prohibits the removal from a vehicle of any part without the consent of the owner.
This bill would prohibit the purchase, sale, receipt, or possession of a stolen catalytic converter, as specified. The bill would specify that a peace officer need not have actual knowledge that the catalytic converter is stolen to establish probable cause for arrest, and that in a prosecution of the section, circumstantial evidence may be used to prove the stolen nature of the catalytic converter.
By creating a new criminal offense, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 10851.7 is added to the Vehicle Code, to read:10851.7.
(a) The Legislature finds and declares that the theft of catalytic converters is a growing problem that imposes both serious financial harm on, and impacts on the mobility of, California motorists who fall victim to this crime. Because of the unique challenges in enforcing and prosecuting catalytic converter theft, existing theft laws are inadequate to address this problem. It is the intent of the Legislature in enacting this section to provide tools for the effective enforcement and prosecution of catalytic converter theft.(b) A person shall not buy, sell, receive, or possess a catalytic converter that has been obtained in any manner constituting theft.
(c) In establishing
probable cause for an arrest pursuant to this section, a peace officer does not need to have actual knowledge that the catalytic converter is stolen. Probable cause may be established based on specific facts, including, without limitation, any of the following, that in the particular circumstance lead the officer to reasonably believe that the catalytic converter is stolen:
(1) The catalytic converter has been cut or otherwise shows marks or damage consistent with illicit removal.
(2) The person in possession of the catalytic converter concurrently possesses tools commonly used in the illicit removal of catalytic converters.
(3) The catalytic converter has markings that associate it with a particular vehicle or with a particular make or model of vehicle not associated with the person in possession of the catalytic
converter.
(4) The person is not able to reasonably account for the origin of the catalytic converter, or makes inconsistent, misleading, or demonstrably false statements regarding their possession of the catalytic converter.
(5) The person is in possession of, or has sold or attempted to sell, multiple catalytic converters outside of the scope of a legitimate business enterprise.
(6) The defendant has prior arrests or convictions that demonstrate knowledge of catalytic converter theft.
(d) In any prosecution of a violation of this section, the state does not need to present a victim or prove that the catalytic converter was actually stolen. Proof of the offense may be satisfied through the presentation of circumstantial evidence, satisfactory to the
finder of fact, that the nature of the catalytic converter is consistent with one that has been stolen, including, without limitation, any of the following:
(1) The catalytic converter has been cut or otherwise shows marks or damage consistent with illicit removal.
(2) The defendant was in concurrent possession of tools commonly used in the illicit removal of catalytic converters.
(3) The catalytic converter has markings that associate it with a particular vehicle or with a particular make or model of vehicle not associated with the defendant.
(4) The defendant has not been able to reasonably account for the origin of the catalytic converter, or has made inconsistent, misleading, or demonstrably false statements regarding their
possession of the catalytic converter.
(e) A violation of subdivision (b) is punishable by imprisonment in the county jail for no more than one year or by a fine not exceeding one thousand dollars ($1,000) or by both that fine and imprisonment. Each catalytic converter knowingly bought, sold, received, or possessed may be charged as a separate violation of this section.
(f) This section does not preclude prosecution under any other law. A person shall not be convicted of the theft of a catalytic converter and with possession, under this section, of the same catalytic converter.
