Amends TCA Title 38; Title 39; Title 55 and Title 62.

Present law authorizes the following persons, who provide certain notice, to possess or sell used, detached catalytic converters:<br /> <br /> (1) A licensed motor vehicle dismantler and recycler;<br /> <br /> (2) A registered scrap metal dealer;<br /> <br /> (3) A licensed motor vehicle dealer;<br /> <br /> (4) A licensed mechanic or licensed automotive repair facility;<br /> <br /> (5) Another licensed business that may reasonably generate, possess, or sell used, detached catalytic converters; or<br /> <br /> (6) An individual who possesses documentation indicating that the catalytic converter in the individual's possession is the result of a replacement of a catalytic converter from a vehicle registered in that individual's name.<br /> <br /> Present law provides that a person who is not one of the persons listed in (1)-(6) and who possesses a used, detached catalytic converter commits a Class A misdemeanor, punishable only by fine. However, present law also presumes that such a person is in possession of contraband, subject to seizure by a state or local law enforcement agency and subject to forfeiture. Additionally, each unlawfully obtained or possessed used, detached catalytic converter subjects the person to a separate charge for each violation. The seller of a used, detached catalytic converter that has been stolen is also liable to the victim for the repair and replacement of the catalytic converter as may be ordered by the court or as otherwise provided by law.<br /> <br /> This bill raises the classification of the offense described above from a Class A misdemeanor, punishable only by fine, to a Class E felony, for which the authorized term of imprisonment is not less than one year nor more than six years, and the fine that a jury may assess does not exceed $3,000 unless otherwise provided by statute.<br />