Stricken language would be deleted from and underlined language would be added to present law.
Act 709 of the Regular Session
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 485
4
5 By: Senators J. Payton, Gilmore
6 By: Representative Holcomb
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND ACTS 2023, NO. 264; TO AMEND THE LAW
10 CONCERNING THE OFFENSES OF THEFT OF A CATALYTIC
11 CONVERTER AND UNAUTHORIZED POSSESSION OF A CATALYTIC
12 CONVERTER; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND ACTS 2023, NO. 264; AND TO AMEND
17 THE LAW CONCERNING THE OFFENSES OF THEFT
18 OF A CATALYTIC CONVERTER AND UNAUTHORIZED
19 POSSESSION OF A CATALYTIC CONVERTER.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code § 5-36-126(a)(2)(B), concerning the offenses
25 of theft of a catalytic converter and unauthorized possession of a catalytic
26 converter, as enacted by Acts 2023, No. 264, is amended to read as follows:
27 (B) Vehicle identification number, the last eight (8)
28 digits of the vehicle identification number, or a stock number within an
29 electronic database associated with a single vehicle identification number
30 of the motor vehicle the catalytic converter was removed from.
31
32 SECTION 2. Arkansas Code § 5-36-126(d) and (e), concerning the
33 offenses of theft of a catalytic converter and unauthorized possession of a
34 catalytic converter, as enacted by Acts 2023, No. 264, are repealed.
35 (d) There is a presumption that a person is possessing the catalytic
36 converter in the ordinary course of the person’s business if the person
*MLD322* 3/27/2023 10:31:01 AM MLD322
 SB485
1 engages in any of the following businesses:
2 (1) An automotive wrecking and salvage yard;
3 (2) A scrap metal recycler;
4 (3) A licensed vehicle dealer or licensed vehicle converter;
5 (4) A licensed salvage vehicle dealer;
6 (5) A licensed vehicle storage facility;
7 (6) A garage or shop that is engaged in the business of
8 repairing motor vehicles;
9 (7) A towing company;
10 (8) A used automotive parts recycler;
11 (9) A person who holds a vehicle dealer number;
12 (10) A motor vehicle demolisher;
13 (11) A for-hire carrier, including without limitation a person
14 who provides services such as mail, freight, or package delivery by air,
15 water, rail, or surface transportation;
16 (12) A person located out of state and regulated by another
17 state in the performance of a business activity under subdivisions (d)(1)-
18 (11) of this section; or
19 (13) An employee of or independent contractor providing services
20 to a person described in subdivisions (d)(1)-(11) of this section and who
21 possesses the catalytic converter when acting within the course and scope of
22 the person’s employment or independent contractor services.
23 (e) The presumption established under subsection (d) of this section
24 does not apply to a person who knows that the catalytic converter was
25 unlawfully removed from a motor vehicle or otherwise unlawfully obtained.
26
27
28 APPROVED: 4/11/23
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2 3/27/2023 10:31:01 AM MLD322


Statutes affected:
SB 485: 5-36-126(a), 5-36-126(d)
Act 709: 5-36-126(a), 5-36-126(d)