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:

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

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

     11-41-2. Receiving stolen goods.

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

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

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

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

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

adequate consideration.

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

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

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

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

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

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

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

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

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

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

catalytic converters.

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

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

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

nitrogen.

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

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

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

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

amended by adding thereto the following section:

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

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

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

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

catalytic converters that are attached to a vehicle; and

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

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

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

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

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

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

     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

service providers to maintain certain records relative to catalytic converters.

     This act would take effect upon passage.

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