Bill Text: HI SB2742 | 2020 | Regular Session | Introduced
Bill Title: Relating To Theft.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Monday 03-16-20 2:05PM in conference room 325. [SB2742 Detail]
Download: Hawaii-2020-SB2742-Introduced.html
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THE SENATE |
S.B. NO. |
2742 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to theft.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§708- Theft
of catalytic converter. (1) A person
commits the offense of theft of catalytic converter if the person:
(a) Obtains
a catalytic converter through any means described in section 708-830; or
(b) Violates
section 445-233 in regard to a catalytic converter.
(2) For the purposes of this section, "catalytic
converter" means a device that is incorporated in a motor vehicle's exhaust
system and contains a catalyst for converting pollutant gas emissions into less
harmful emissions.
(3) Theft of catalytic converter is a class C felony."
SECTION 2. Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions."
SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended to read as follows:
"§445-233 Statement required.
(a) Every scrap dealer, when the
dealer purchases scrap within the State, shall obtain a written statement
signed by the seller certifying that the seller has the lawful right to sell
and dispose of the scrap. This statement
shall also contain the seller's name; the seller's business or residence address; the seller's occupation; a description, including serial numbers
and other identifying marks, when practical, of every scrap; the amount received
by the seller; the date, time, and place of the sale; and the license number of
any vehicle used to deliver the property to the place of purchase.
(b) If the scrap presented for purchase is
copper, a beer keg, [or] an urn, or a catalytic converter, in
whole or in part, the seller shall provide a copy of a receipt that describes,
with particularity:
(1) The
exact item that is being offered for sale;
(2) Who
issued the receipt;
(3) The
date of sale of the item prior to the item's being offered to the scrap dealer;
and
(4) The
price, if any, of the item when obtained by the seller.
(c) If a receipt is not available, the seller
shall provide to the scrap dealer a notarized declaration, describing with
particularity:
(1) The
exact item that is being offered for sale;
(2) Who
sold or otherwise transferred the item to the seller;
(3) The
date of sale of the item; and
(4) The
price, if any, of the item when obtained by the seller.
(d) If the seller does not provide a copy of the
receipt or the notarized declaration as required by subsections (b) and (c), the
scrap dealer shall not purchase the copper, beer keg, or urn, in whole or in
part, and shall report the attempted sale to the police.
(e) If the scrap dealer purchases any copper,
beer keg, [or] urn, or catalytic converter, in whole or in part,
the scrap dealer shall take a photograph or photographs of all of the copper,
beer keg, [or] urn, or catalytic converter, offered for sale.
(f) The scrap dealer shall also require
the seller to verify the seller's identity by presenting a valid photo
identification card or license issued by a federal or state government agency
authorized to issue valid identification.
If the scrap being offered for sale is copper, a beer keg, [or]
an urn, or a catalytic converter, in whole or in part, the scrap dealer
shall:
(1) Take a photograph of the seller; or
(2) Make a photocopy of the identification card or
license of the seller.
(g) The scrap dealer shall keep
at the dealer's place of business the signed written
statement, the receipt or notarized declaration required by subsections (b) and
(c), the photographs required by subsection (e), and the photocopy of the
identification card or license and photograph of the seller required by
subsection (f), if applicable, from the seller for a period of two years after
the date of purchase and the statement, the receipt or notarized declaration
required by subsections (b) and (c), the photographs required by subsection
(e), and the photocopy and photograph required by subsection (f), if applicable,
may be examined at any time by the treasurer, the chief of police, the attorney general, the
prosecuting attorney, or their designees.
(h) Public utilities, as defined in section 269-1, shall be exempt from the requirements of subsections (b) and (c). When the seller is a public utility, the scrap dealer shall not be required to obtain the statement required by subsection (a), and the scrap dealer shall not be prohibited by subsection (d) from purchasing the copper from the public utility."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED
BY: |
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Report Title:
Catalytic Converter; Theft; Penal Code; Class C Felony; Scrap Dealers; Statement
Description:
Establishes the offense of theft of catalytic converter as a class C felony. Defines "catalytic converter." Requires scrap dealers to follow the same requirements regarding a written statement for the purchase of a catalytic converter as is required for the purchase of copper, beer kegs, and urns.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
