Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-36-126 - Theft of a catalytic converter - Unauthorized possession of a catalytic converter(a) As used in this section: (1) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines; and(2) "Permanently marked" means marked in a permanent manner, including without limitation engraving or permanent ink, that clearly and legibly indicates the: (A) Date the catalytic converter was removed from the motor vehicle; and(B) Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from.(b) A person commits theft of a catalytic converter if he or she commits, aids, or is an accomplice to a commission of theft of property under § 5-36-103(a) and the property is a catalytic converter.(c) A person commits unauthorized possession of a catalytic converter if the person: (1) Knowingly possesses a catalytic converter that has been removed from a motor vehicle and that is not permanently marked; and(2) Is not: (A) The owner of the motor vehicle from which the catalytic converter was removed; or(B) Possessing the catalytic converter in the ordinary course of the person's business.(d)(1) Theft of a catalytic converter is a Class C felony.(2) The court may order a person convicted of theft of a catalytic converter to pay restitution for the value of the repair or replacement of the catalytic converter.(e) Unauthorized possession of a catalytic converter is a:(1) Class C felony if the person:(A) Has a prior conviction for unauthorized possession of a catalytic converter; or(B) In the course of the unauthorized possession of a catalytic converter, the person commits or attempts, conspires, or solicits another person to commit an offense related to a catalytic converter; or(2) Class D felony if otherwise committed.Amended by Act 2023, No. 709,§ 2, eff. 8/1/2023.Amended by Act 2023, No. 709,§ 1, eff. 8/1/2023.Added by Act 2023, No. 264,§ 1, eff. 8/1/2023.