2022 -- S 2534 | |
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LC004967 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE | |
PRETENSES, AND MISAPPROPRIATION | |
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Introduced By: Senators Rogers, de la Cruz, Paolino, and Algiere | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-41-2 of the General Laws in Chapter 11-41 entitled "Theft, |
2 | Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows: |
3 | 11-41-2. Receiving stolen goods. |
4 | (a) Every person who shall fraudulently receive any stolen money, goods, securities, |
5 | chattels, or other property, knowing it to be stolen, shall be deemed guilty of larceny, although the |
6 | person who stole the property may not have been prosecuted or convicted for it. The possession of |
7 | any stolen property shall be evidence of guilty knowledge by the person having possession that the |
8 | property was stolen, unless the person shows that it was acquired in the due course of trade and for |
9 | adequate consideration. |
10 | (b) The possession of a used catalytic converter shall be evidence of guilty knowledge by |
11 | the person having possession that the catalytic converter was stolen, unless that person shows |
12 | ownership of the vehicle from which it was removed, or that it was acquired from a salvage yard, |
13 | muffler shop or an automotive or truck repair shop for adequate consideration. |
14 | (c) Subsection (b) of this section shall not apply to a salvage yard operator, muffler shop |
15 | or an automotive and/or truck repair shop or to an individual who possesses a license pursuant to ยง |
16 | 6-11.1-1, who is engaged in the business of buying or receiving for the purpose of selling: gold, |
17 | silver, platinum group metals, or precious stones, or any articles containing those items, including |
18 | catalytic converters. |
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1 | (d) The word "catalytic converter" when used in this section shall be defined as an air |
2 | pollution abatement device, including the contents therein, that removes pollutants from motor |
3 | vehicle exhaust, either by oxidizing them into carbon dioxide and water or reducing them to |
4 | nitrogen. |
5 | (e) Every person who shall violate the provisions of subsection (b) of this section shall be |
6 | guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) or imprisoned |
7 | for not more than one year, or both. |
8 | (f) If the value of the property possessed in violation of subsection (b) of this section |
9 | exceeds one thousand dollars ($1,000), a person convicted of a violation shall be fined not more |
10 | than two thousand five hundred dollars ($2,500) or imprisoned for not more than three (3) years or |
11 | both. |
12 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE | |
PRETENSES, AND MISAPPROPRIATION | |
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1 | This act would allow the possession of a used catalytic converter to be used as evidence of |
2 | guilt that said catalytic converter was stolen. |
3 | This act would take effect upon passage. |
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