Section 2 of this bill provides that a person commits the offense of theft of a catalytic converter if the person willfully takes or attempts to take possession of, carries away or exercises control over a catalytic converter with the intent to deprive the rightful owner of the catalytic converter. Section 2 also provides that a person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is licensed or authorized to possess a used catalytic converter. Section 3 of this bill prohibits a person from purchasing a used catalytic converter from any person other than: (1) a licensed automobile wrecker; (2) a licensed scrap metal processor; (3) a licensed motor vehicle manufacturer, distributor, dealer or rebuilder; (4) any other business that may reasonably generate, possess or sell used catalytic converters; or (5) a person who possesses certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter. Section 4 of this bill provides that a person who violates any provision of section 2 or 3 is guilty of: (1) a category E felony, if the violation involves one used catalytic converter; (2) a category D felony, if the violation involves 2 or more, but less than 10, used catalytic converters; and (3) a category C felony, if the violation involves 10 or more used catalytic converters. Existing law provides certain restrictions on the sale and purchase of scrap metal in this State and includes a catalytic converter in the definition of the term “scrap metal.” (NRS 647.017, 647.092-647.098) Section 12 of this bill excludes a used catalytic converter from the definition of scrap metal. Section 8 of this bill prohibits a licensed scrap metal processor from purchasing or receiving a used catalytic converter from any person other than certain licensed businesses or a person possessing certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter. Existing law requires scrap metal processors to maintain certain records of purchases of scrap metal. (NRS 647.092-647.098) Section 9 of this bill requires scrap metal processors to maintain certain additional information if the scrap metal processor purchases a used catalytic converter from certain licensed businesses or a person who has documentation that proves the person is the lawful owner or possessor of the used catalytic converter. Section 9 also requires a scrap metal processor to: (1) maintain certain records of all used catalytic converters the scrap metal processor sells to another scrap metal processor; (2) maintain certain records related to used catalytic converters for a period of 2 years; and (3) make certain records related to used catalytic converters available to law enforcement upon demand. Existing law authorizes a local law enforcement agency to establish an electronic reporting system, or to utilize an existing electronic reporting system, to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency. If a law enforcement agency establishes or uses such a system, existing law requires each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency to submit to the local law enforcement agency certain information relating to each purchase of scrap metal from certain persons. (NRS 647.0945) Section 14 of this bill requires each scrap metal processor to submit electronically to the local law enforcement agency certain additional information if the scrap metal processor purchases a used catalytic converter. Section 10 of this bill prohibits a scrap metal processor from providing payment for a used catalytic converter to a seller unless: (1) the payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse; (2) the seller is a person described in section 8; and (3) the scrap metal processor obtains certain information, including, without limitation, a statement written by the seller indicating from whom the seller obtained the used catalytic converter. Section 10 provides for an exception to these requirements for a scrap metal processor who holds a certain written agreement with the seller before purchasing a used catalytic converter. Section 15 of this bill provides that a person who violates any provision of sections 8-10 is guilty of a misdemeanor. Section 15 authorizes a court to also issue an injunction prohibiting the person from engaging in the business of a scrap metal processor. Section 15 also provides that a scrap metal processor who is a natural person and who knowingly violates section 8 or sells a used catalytic converter that the scrap metal processor knows or should know is stolen is guilty of a felony, punishable by a penalty that is similar to the penalties set forth in section 4. Sections 6 and 7 of this bill define the terms “permanently marked” and “used catalytic converter,” respectively, for the purpose of provisions governing scrap metal processors. Section 11 of this bill makes a conforming change to indicate the proper placement of sections 6 and 7 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 647.010, 647.017, 647.0172, 647.0945, 647.143
Reprint 1: 647.010, 647.017, 647.0172, 647.0945, 647.143
Reprint 2: 647.010, 647.017, 647.0172, 647.0945, 647.143
As Enrolled: 647.010, 647.017, 647.0172, 647.0945, 647.143
BDR: 647.010, 647.017, 647.0172, 647.0945, 647.143