SB 133: Metal Purchase and Theft Amendments - Utah

Substitute #2 → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill updates Utah's laws regarding the purchase and theft of metal and catalytic converters. It creates a specific criminal offense for metal theft, clarifies penalties for stealing catalytic converters, and updates the list of crimes considered part of a 'pattern of unlawful activity.' The changes aim to strengthen enforcement against metal theft while ensuring dealers follow proper documentation rules.

Scope change

The bill expands the scope of criminal liability to include a specific offense for stealing any metal, not just catalytic converters, and adds metal theft to the list of crimes that can establish a 'pattern of unlawful activity' for organized crime prosecutions.

ENFORCEMENT

Created a new specific criminal offense for metal or catalytic converter theft with defined felony and misdemeanor penalties based on value and prior convictions.

REQUIREMENT

Updated the list of offenses that constitute a 'pattern of unlawful activity' to explicitly include the new metal theft charge.

DEFINITION

Clarified definitions for 'metal,' 'nonferrous metal,' and 'suspect metal items' to ensure consistent application of theft laws.

TIMELINE

Set the effective date for the new provisions to July 1, 2025.

TECHNICAL

Corrected formatting errors and cross-references in the theft statutes to align with the new metal theft offense.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill significantly expands Utah's metal theft laws by creating a new specific offense for stealing metal and catalytic converters, separate from general theft. It updates the Pawnshop Act to include stricter reporting and payment rules for catalytic converter purchases, such as banning cash payments for converters over $100. The bill also clarifies definitions and penalties to ensure metal theft is treated with appropriate severity.

Scope change

The bill expands the scope of criminal liability to specifically include 'metal theft' as a distinct crime and broadens the definition of regulated items to include suspect metal items like manhole covers and traffic signs. It also modifies the applicability of the Pawnshop Act to explicitly include catalytic converter purchasers under new reporting requirements.

ENFORCEMENT

Created a new specific criminal offense for 'metal or catalytic converter theft' with its own sentencing guidelines.

Updated the 'Pattern of Unlawful Activity' statute to include the new metal theft offense, allowing for enhanced penalties for repeat offenders.

REQUIREMENT

Added new requirements for catalytic converter purchasers to document purchase details, upload data to a central database, and prohibit cash payments for converters valued at $100 or more.

DEFINITION

Updated definitions to clarify that 'metal' includes suspect metal items like manhole covers and traffic signs, while explicitly excluding jewelry.

ELIGIBILITY

Modified the definition of 'catalytic converter purchase' to include a minimum value threshold of $100 and require proof of legal ownership from the seller.

TECHNICAL

Corrected formatting and numbering errors in the definitions section of the Pawnshop Act and updated cross-references to the new metal theft statute.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill updates Utah's metal and catalytic converter theft laws by creating a new specific criminal offense, clarifying reporting requirements for dealers, and adjusting penalty thresholds. The changes aim to strengthen enforcement against metal theft while providing clearer definitions and procedures for businesses handling these items.

Scope change

The bill expands the scope by creating a new specific offense for metal or catalytic converter theft and adding it to the pattern of unlawful activity provisions, while removing metal theft penalties from general theft statutes to avoid redundancy.

ENFORCEMENT

New Section 76-6-415 creates a specific criminal offense for metal or catalytic converter theft with defined penalty tiers based on value and prior convictions.

Updated penalty thresholds in general theft statutes (Sections 76-6-404, 76-6-405, 76-6-406, 76-6-602) to remove metal theft provisions now covered by the new specific offense.

Added metal or catalytic converter theft to the list of offenses considered part of a 'pattern of unlawful activity' in Section 76-10-1602.

DEFINITION

Updated definitions in Section 13-32a-102 to clarify terms like 'catalytic converter purchase' (purchases of $100 or more from individuals) and 'automated recycling kiosk'.

Revised Section 76-6-1402 definitions to clarify 'regulated metal,' 'suspect metal items,' and 'dealer' to better align with enforcement needs.

REQUIREMENT

Modified Section 13-32a-104.7 to change the deadline for database reporting from January 1, 2023 to January 1, 2025 and updated language regarding dealer compliance.

Added Section 13-32a-118 prohibiting cash or gift card payments for catalytic converter purchases, with an exception for purchases under $100.

TIMELINE

Changed the effective date of the bill from July 1, 2025 to February 21, 2025 (as indicated by the substitute bill timestamp).

Metal Purchase and Theft Amendments

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