Relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities; creating criminal offenses; providing an administrative penalty.
This legislation significantly alters existing laws relating to the regulation of metal recycling, particularly in regard to the possession, purchase, and sale of copper and brass materials. It instates new standards for recycling entities to ensure they verify the legal origin of these materials before purchasing them. The bill also increases the penalties for theft, especially when it involves critical infrastructure, which is defined broadly to include facilities that are vital for public safety and service. Consequently, local governments are preempted from enacting laws that would add to or alter the record-keeping obligations set forth by this bill.
SB1646 focuses on addressing criminal conduct involving the theft or unauthorized possession of copper or brass materials and the transactions of these materials to metal recycling entities. The bill aims to create specific criminal offenses for activities related to the theft or sale of such materials, which have increasingly become targets for theft due to their value. It establishes record-keeping requirements for metal recycling entities to ensure transparency in transactions and to assist law enforcement in tracking stolen goods. Additionally, the bill sets forth administrative penalties for non-compliance, reinforcing the law's strict approach to combatting metal theft.
The sentiment surrounding SB1646 appears to be largely supportive among law enforcement and regulatory bodies, who view the bill as vital for deterring theft and protecting critical infrastructure. However, concerns have been raised by some stakeholders about the potential burden placed on legitimate metal recycling businesses due to the stringent record-keeping requirements and penalties. There are also worries that the legislation may not sufficiently address the underlying issues of economic disparity which drive theft in these materials, leading to claims that the bill might not entirely alleviate the problem it seeks to solve.
A notable point of contention is the bill's preemption of local laws, which could limit community responses to specific needs regarding metal recycling and theft prevention. Some legislators and advocacy groups worry that by centralizing power and regulation at the state level, the bill could undermine local initiatives that successfully address these issues on a community basis. The specificity and scope of what constitutes critical infrastructure also raise concerns, as definitions may lead to varied interpretations in enforcement, further complicating compliance for businesses.
Penal Code
Occupations Code
Government Code