AB 2398

Bill Subjects

Abstract

Existing law prohibits the removal from a vehicle of any part without the consent of the owner. Existing law requires a core recycler who accepts a catalytic converter for recycling to maintain a written record that contains the name and driver's license number of the seller of the catalytic converter and a statement indicating either that the seller is the owner of the catalytic converter or the name of the person from whom they obtained the catalytic converter, among other requirements. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The act also requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor. This bill would make the unauthorized possession of more than 4 detached catalytic converters a crime, punishable as a misdemeanor or a felony. The bill would make this crime inapplicable to authorized possession of a detached catalytic converter by providing a certificate of title or registration showing the person's interest in the vehicle from which the catalytic converter was detached, written authorization from the person holding the certificate of title or registration, or evidence that the catalytic converter was acquired in a lawful transaction, as provided. The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.