Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB70 Engrossed / Bill

                    SLS 22RS-288	ENGROSSED
2022 Regular Session
SENATE BILL NO. 70
BY SENATOR TALBOT 
THEFT.  Creates the crime of theft of a catalytic converter and provides for dealer
registration. (8/1/22)
1	AN ACT
2 To enact R.S. 14:67.12 and R.S. 37:1864(A)(3), relative to misappropriation without
3 violence; to create the crime of theft of a catalytic converter; to provide penalties; to
4 provide relative to entities engaged in the sale of catalytic converters; to provide
5 relative to registration with law enforcement; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 14:67.12 is hereby enacted to read as follows:
8	§67.12. Theft of a catalytic converter
9	Repealed by Acts 2014, No. 255, §3
10	A. Theft of a catalytic converter is the misappropriation or taking of a
11 catalytic converter which belongs to another, either without the consent of the
12 owner to the misappropriation or taking, or by means of fraudulent conduct,
13 practices, or representations. An intent to deprive the owner permanently of the
14 catalytic converter is essential.
15	B.(1) Whoever commits the crime of theft of a catalytic converter when
16 the misappropriation or taking amounts to a value of twenty-five thousand
17 dollars or more shall be imprisoned at hard labor for not less than ten years nor
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 70
SLS 22RS-288	ENGROSSED
1 more than twenty years, or may be fined not more than fifty thousand dollars,
2 or both.
3	(2) When the misappropriation or taking amounts to a value of five
4 thousand dollars or more, but less than a value of twenty-five thousand dollars,
5 the offender shall be imprisoned, with or without hard labor, for not less than
6 five years nor more than ten years, or may be fined not more than ten thousand
7 dollars, or both.
8	(3) When the misappropriation or taking amounts to a value of one
9 thousand dollars or more, but less than a value of five thousand dollars, the
10 offender shall be imprisoned, with or without hard labor, for not less than two
11 years nor more than five years, or may be fined not more than three thousand
12 dollars, or both.
13	(4) When the misappropriation or taking amounts to a value of less than
14 one thousand dollars, the offender shall be imprisoned for not less than ninety
15 days nor more than six months, or may be fined not more than one thousand
16 dollars, or both.
17	C. If the offender has been convicted under this Section two or more
18 times previously, upon any subsequent conviction he shall be imprisoned, with
19 or without hard labor, for an additional year to be served consecutively to the
20 sentence imposed under Subsection B of this Section, or may be fined an
21 additional one thousand dollars, or both.
22	D. When there has been a misappropriation or taking by a number of
23 distinct acts of the offender, the aggregate of the amount of the
24 misappropriations or taking shall determine the grade of the offense.
25 Section 2: R.S. 37:1864(A)(3) is hereby enacted to read as follows:
26 §1864. Record of secondhand goods or objects purchased required; exceptions;
27	retention period; inspections by law enforcement; violations; penalty
28	A.	*          *          *
29	(3) In addition to the other requirements of this Subsection, any person,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 70
SLS 22RS-288	ENGROSSED
1 firm, corporation, or entity engaged in the business of buying or selling
2 unattached catalytic converters as a single item and not as part of a scrapped
3 motor vehicle shall register with the chief of police and sheriff of each city and
4 parish in which the business is conducted.
5	*          *          *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 70 Engrossed 2022 Regular Session	Talbot
Proposed law creates the crime of "theft of a catalytic converter", which is misappropriation
or taking of a catalytic converter which belongs to another, either without the consent of the
owner to the misappropriation or taking, or by means of fraudulent conduct, practices, or
representations. Proposed law further provides that an intent to deprive the owner
permanently of the catalytic converter is essential.
Proposed law provides for the following penalties:
(1)When the misappropriation or taking amounts to a value of $25,000 or more, the
offender is to be imprisoned, at hard labor, for not less than 10 years nor more than
20 years, or fined not more than $50,000, or both.
(2)When the misappropriation or taking amounts to a value of $5,000 or more, but less
than $25,000, the offender is to be imprisoned, with or without hard labor, for not
less than five years nor more than 10 years, or fined not more than $10,000, or both.
(3)When the misappropriation or taking amounts to a value of $1,000 or more, but less
than $5,000, the offender is to be imprisoned, with or without hard labor, for not less
than two years nor more than five years, or fined not more than $3,000, or both.
(4)When the misappropriation or taking amounts to a value of less than $1,000, the
offender is to be imprisoned for not less than 90 days nor more than six months, or
fined not more than $1,000, or both.
Proposed law further provides that if the offender has been convicted two or more times of
theft of catalytic converter, upon any subsequent conviction, he is to be imprisoned, with or
without hard labor, for an additional year to be served consecutively, or may be fined not
more than an additional $2,000, or both.
Effective August 1, 2022.
(Adds R.S. 14:67.12 and 37:1864(A)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Requires entity engaged in the business of buying or selling unattached
catalytic converters to register with the chief of police and sheriff of each city
and parish in which the business is conducted.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.