2023 -- H 5113

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LC000176

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE

PRETENSES, AND MISAPPROPRIATION

     

     Introduced By: Representatives J Lombardi, Hull, Ajello, and McGaw

     Date Introduced: January 12, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-41-2 of the General Laws in Chapter 11-41 entitled "Theft,

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Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

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     11-41-2. Receiving stolen goods.

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     (a) Every person who shall fraudulently receive any stolen money, goods, securities,

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chattels, or other property, knowing it to be stolen, shall be deemed guilty of larceny, although the

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person who stole the property may not have been prosecuted or convicted for it. The possession of

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any stolen property shall be evidence of guilty knowledge by the person having possession that the

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property was stolen, unless the person shows that it was acquired in the due course of trade and for

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adequate consideration.

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     (b) The possession of a used catalytic converter shall be evidence of guilty knowledge by

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the person having possession that the catalytic converter was stolen, unless the person is an

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employee or agent of a company, a contractor, or an individual in the business of installing,

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replacing, maintaining, or removing catalytic converters, and is acting in the person's official duties;

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or the person is an individual who removed the catalytic converter to repair a motor vehicle and is

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either intending to reattach or lawfully dispose of the catalytic converter.

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     (c) Subsection (b) of this section shall not apply to a salvage yard operator, muffler shop

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or an automotive and/or truck repair shop or to an individual who possesses a license pursuant to ยง

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6-11.1-1, who is engaged in the business of buying or receiving for the purpose of selling: gold,

 

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silver, platinum group metals, or precious stones, or any articles containing those items, including

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catalytic converters.

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     (d) The word "catalytic converter" when used in this section shall be defined as an air

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pollution abatement device, including the contents therein, that removes pollutants from motor

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vehicle exhaust, either by oxidizing them into carbon dioxide and water or reducing them to

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nitrogen.

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     (e) Every person who shall violate the provisions of subsection (b) of this section shall be

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guilty of a felony and shall be fined not more than five thousand dollars ($5,000) or imprisoned for

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not more than five (5) years, or both.

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     SECTION 2. Chapter 23-18.9 of the General Laws entitled "Refuse Disposal" is hereby

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amended by adding thereto the following section:

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     23-18.9-19. Metals recyclers -- Reporting requirements.

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     (a) Any person required to provide recycling services pursuant to this title shall maintain

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electronic records of all purchase transactions of regulated metals. The records must include:

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     (1) A copy of the title of the vehicle or other proof of ownership in transactions involving

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catalytic converters that are attached to a vehicle; and

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     (2) A description of how the company, contractor, or metal recycler obtained in catalytic

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converter for those that are not attached to the motor vehicle, including any model, serial, or other

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identification numbers for the vehicle or other product from which it was removed from.

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     (b) Every person who shall violate the requirement to maintain records pursuant to this

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section shall be guilty of a felony and shall be fined not more than five thousand dollars ($5,000)

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or imprisoned for not more than five (5) years or both.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE

PRETENSES, AND MISAPPROPRIATION

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     This act would make theft of a catalytic converter a felony and would require recycling

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service providers to maintain certain records relative to catalytic converters.

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     This act would take effect upon passage.

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LC000176

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