Assigned to JUD AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1185
catalytic converter; unlawful use; classification
Purpose
Increases the penalty for the unlawful purchase, solicitation, advertisement, possession or
sale of a used detached catalytic converter from a class 1 misdemeanor to a class 6 felony, if the
violation involved 10 or more used detached catalytic converters.
Background
A person who purchases, solicits, advertises, possesses or sells a catalytic converter or any
nonferrous parts of a catalytic converter is subject to a class 1 misdemeanor. This prohibition does
not apply to: 1) the possession or sale by a licensed automotive recycler if the possession or sale
is in the automotive recycler's ordinary course of business; 2) the purchase or sale of a used
catalytic converter or any nonferrous parts of a catalytic converter acquired in a transaction with
an industrial account, with another scrap metal dealer, or after the authorized release by a peace
officer of the jurisdiction in which the transaction occurs, except that a solicitation or
advertisement for a used catalytic converter or any nonferrous parts of a catalytic converter may
be made only for industrial accounts; or 3) the possession or sale by a commercial motor vehicle
parts or repair business that sells or installs a new catalytic converter if the possession or sale is in
the business's ordinary course of business (A.R.S. § 13-3728).
A class 1 misdemeanor carries a maximum imprisonment sentence of 6 months and a civil
penalty of not more than $2,500 (A.R.S. §§ 13-707 and 13-802). A class 6 felony carries a
presumptive imprisonment sentence of 1 year for a first time felony offender, with a possible
maximum sentence of 5.75 years for aggravated offenses committed by a category 3 repetitive
offender (A.R.S. §§ 13-702 and 13-703). The fine for a felony may be up to $150,000 (A.R.S.
§ 13-801).
Catalytic converter means motor vehicle exhaust system parts that are used for controlling
the exhaust emission from motor vehicles and that contains a catalyst metal (A.R.S. § 44-1642.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases the penalty for the unlawful purchase, solicitation, advertisement, possession or sale
of a used detached catalytic converter from a class 1 misdemeanor to a class 6 felony, if the
violation involved 10 or more used detached catalytic converters.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
FACT SHEET – Amended
S.B. 1185
Page 2
Amendments Adopted by the House of Representatives
1. Specifies, in the provisions relating to the unlawful purchase, solicitation, advertisement,
possession or sale of used catalytic converters, that the used catalytic converters must be
detached.
2. Specifies that the outlined class 6 felony applies to the unlawful purchase, solicitation,
advertisement, possession or sale of 10 or more used detached catalytic converters, rather than
10 or more catalytic converters.
3. Makes conforming changes.
Senate Action House Action
JUD 2/15/24 DP 5-1-1 JUD 3/6/24 DP 6-2-1-0
3
rd
Read 2/22/24 18-10-2 3
rd
Read 3/20/24 29-24-3-0-1
3
rd
Read* 6/14/24 38-21-1
*on reconsideration
Prepared by Senate Research
June 14, 2024
ZD/SB/cs