Hawaii 2022 Regular Session

Hawaii House Bill HB1091 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1091 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THEFT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1091
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1091
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO THEFT.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: "§708- Theft of catalytic converter. (1) A person commits the offense of theft of catalytic converter if the person: (a) Obtains a catalytic converter through any means described in section 708-830; or (b) Violates section 445-233 in regard to a scrap catalytic converter. (2) For the purposes of this section, "catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions. (3) Theft of catalytic converter is a class C felony." SECTION 2. Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst, including but not limited to palladium, platinum, and rhodium, for converting pollutant gas emissions into less harmful emissions." SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) If the scrap presented for purchase is copper, palladium, platinum, rhodium, a beer keg, [or] an urn, or a scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, the seller shall provide a copy of a receipt that describes, with particularity: (1) The exact item that is being offered for sale; (2) Who issued the receipt; (3) The date of sale of the item prior to the item's being offered to the scrap dealer; and (4) The price, if any, of the item when obtained by the seller." 2. By amending subsections (d) through (f) to read: "(d) If the seller does not provide a copy of the receipt or the notarized declaration as required by subsections (b) and (c), the scrap dealer shall not purchase the copper, palladium, platinum, rhodium, beer keg, [or] urn, or a scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, and shall report the attempted sale to the police. (e) If the scrap dealer purchases any copper, palladium, platinum, rhodium, beer keg, [or] urn, or scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, the scrap dealer shall take a photograph or photographs of all of the [copper, beer keg, or urn,] purchased items offered for sale. (f) The scrap dealer shall also require the seller to verify the seller's identity by presenting a valid photo identification card or license issued by a federal or state government agency authorized to issue valid identification. If the scrap being offered for sale is copper, palladium, platinum, rhodium, a beer keg, [or] an urn, or a scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, the scrap dealer shall: (1) Take a photograph of the seller; or (2) Make a photocopy of the identification card or license of the seller." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
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51	51	"§708- Theft of catalytic converter. (1) A person commits the offense of theft of catalytic converter if the person:
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53	53	(a) Obtains a catalytic converter through any means described in section 708-830; or
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55	55	(b) Violates section 445-233 in regard to a scrap catalytic converter.
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57	57	(2) For the purposes of this section, "catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions.
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59	59	(3) Theft of catalytic converter is a class C felony."
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61	61	SECTION 2. Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
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63	63	""Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst, including but not limited to palladium, platinum, and rhodium, for converting pollutant gas emissions into less harmful emissions."
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65	65	SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended as follows:
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67	67	1. By amending subsection (b) to read:
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69	69	"(b) If the scrap presented for purchase is copper, palladium, platinum, rhodium, a beer keg, [or] an urn, or a scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, the seller shall provide a copy of a receipt that describes, with particularity:
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71	71	(1) The exact item that is being offered for sale;
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73	73	(2) Who issued the receipt;
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75	75	(3) The date of sale of the item prior to the item's being offered to the scrap dealer; and
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77	77	(4) The price, if any, of the item when obtained by the seller."
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79	79	2. By amending subsections (d) through (f) to read:
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81	81	"(d) If the seller does not provide a copy of the receipt or the notarized declaration as required by subsections (b) and (c), the scrap dealer shall not purchase the copper, palladium, platinum, rhodium, beer keg, [or] urn, or a scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, and shall report the attempted sale to the police.
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83	83	(e) If the scrap dealer purchases any copper, palladium, platinum, rhodium, beer keg, [or] urn, or scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, the scrap dealer shall take a photograph or photographs of all of the [copper, beer keg, or urn,] purchased items offered for sale.
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85	85	(f) The scrap dealer shall also require the seller to verify the seller's identity by presenting a valid photo identification card or license issued by a federal or state government agency authorized to issue valid identification. If the scrap being offered for sale is copper, palladium, platinum, rhodium, a beer keg, [or] an urn, or a scrap catalytic converter from which some or all of the catalyst metals have been removed, in whole or in part, the scrap dealer shall:
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87	87	(1) Take a photograph of the seller; or
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89	89	(2) Make a photocopy of the identification card or license of the seller."
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91	91	SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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93	93	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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95	95	SECTION 6. This Act shall take effect upon its approval.
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99	99	INTRODUCED BY: _____________________________
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101	101	INTRODUCED BY:
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109	109	Report Title: Catalytic Converter; Theft; Penal Code; Class C Felony; Scrap Dealers; Statement Description: Establishes the offense of theft of catalytic converter as a class C felony. Defines "catalytic converter." Requires scrap dealers to follow the same requirements regarding a written statement for the purchase of palladium, platinum, rhodium, and a scrap catalytic converter from which some or all of the catalyst metals have been removed as is required for the purchase of copper, beer kegs, and urns. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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115	115	Report Title:
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117	117	Catalytic Converter; Theft; Penal Code; Class C Felony; Scrap Dealers; Statement
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121	121	Description:
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123	123	Establishes the offense of theft of catalytic converter as a class C felony. Defines "catalytic converter." Requires scrap dealers to follow the same requirements regarding a written statement for the purchase of palladium, platinum, rhodium, and a scrap catalytic converter from which some or all of the catalyst metals have been removed as is required for the purchase of copper, beer kegs, and urns.
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131	131	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.