How SB 485 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing law by modifying the definitions related to the theft of catalytic converters and repealing relevant presumption clauses.

• Arkansas Code § 5-36-126(a)(2)(B)

  (B) Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from.

  This change clarifies the types of identifiers that can be associated with the theft of a catalytic converter.

• Arkansas Code § 5-36-126(d)

  (d) There is a presumption that a person is possessing the catalytic converter in the ordinary course of the person’s business if the person engages in any of the following businesses: (1) An automotive wrecking and salvage yard; (2) A scrap metal recycler; (3) A licensed vehicle dealer or licensed vehicle converter; (4) A licensed salvage vehicle dealer; (5) A licensed vehicle storage facility; (6) A garage or shop that is engaged in the business of repairing motor vehicles; (7) A towing company; (8) A used automotive parts recycler; (9) A person who holds a vehicle dealer number; (10) A motor vehicle demolisher; (11) A for-hire carrier, including without limitation a person who provides services such as mail, freight, or package delivery by air, water, rail, or surface transportation; (12) A person located out of state and regulated by another state in the performance of a business activity under subdivisions (d)(1)-(11) of this section; or (13) An employee of or independent contractor providing services to a person described in subdivisions (d)(1)-(11) of this section and who possesses the catalytic converter when acting within the course and scope of the person’s employment or independent contractor services.

  This repeal removes the presumptions regarding lawful possession related to various businesses, affecting how possession of catalytic converters is legally interpreted.

• Arkansas Code § 5-36-126(e)

  (e) The presumption established under subsection (d) of this section does not apply to a person who knows that the catalytic converter was unlawfully removed from a motor vehicle or otherwise unlawfully obtained.

  This repeal removes a clause that clarified exceptions to the possession presumption, further changing the landscape of liability concerning stolen catalytic converters.