Read the full stored bill text
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2902
103RD GENERAL ASSEMBL Y
6183H.04C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 301.218, 407.300, and 570.030, RSMo, and to enact in lieu thereof five
new sections relating to automobile theft, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 301.218, 407.300, and 570.030, RSMo, are repealed and five new
2 sections enacted in lieu thereof, to be known as sections 301.218, 407.300, 570.030, 570.031,
3 and 570.097, to read as follows:
301.218. 1. No person shall, except as an incident to the sale, repair , rebuilding or
2 servicing of vehicles by a licensed franchised motor vehicle dealer , carry on or conduct the
3 following business unless licensed to do so by the department of revenue under sections
4 301.217 to 301.229:
5 (1) Selling used parts of or used accessories for vehicles as a used parts dealer , as
6 defined in section 301.010;
7 (2) Salvaging, wrecking , or dismantling vehicles for resale of the parts thereof as a
8 salvage dealer [ or ] and dismantler , as defined in section 301.010 , or otherwise engaging in
9 the buying or selling of catalytic converters or the component parts of catalytic
10 converters ;
11 (3) Rebuilding and repairing four or more wrecked or dismantled vehicles in a
12 calendar year as a rebuilder or body shop, as defined in section 301.010;
13 (4) Processing scrapped vehicles or vehicle parts as a scrap processor , as defined in
14 section 301.010.
15 2. Sales at a salvage pool or a salvage disposal sale shall be open only to and made to
16 persons actually engaged in and holding a current license under sections 301.217 to 301.221
17 and 301.550 to 301.573 or any person from another state or jurisdiction who is legally
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 allowed in his or her state of domicile to purchase for resale, rebuild, dismantle, crush, or
19 scrap either motor vehicles or salvage vehicles, and to persons who reside in a foreign country
20 that are purchasing salvage vehicles for export outside of the United States. Operators of
21 salvage pools or salvage disposal sales shall keep a record, for three years, of sales of salvage
22 vehicles with the purchasers' name and address, and the year , make, and vehicle identification
23 number for each vehicle. These records shall be open for inspection as provided in section
24 301.225. Such records shall be submitted to the department on a quarterly basis.
25 3. The operator of a salvage pool or salvage disposal sale, or subsequent purchaser ,
26 who sells a nonrepairable motor vehicle or a salvage motor vehicle to a person who is not a
27 resident of the United States at a salvage pool or a salvage disposal sale shall:
28 (1) Stamp on the face of the title so as not to obscure any name, date, or mileage
29 statement on the title the words "FOR EXPOR T ONL Y" in capital letters that are black; and
30 (2) Stamp in each unused reassignment space on the back of the title the words "FOR
31 EXPOR T ONL Y" and print the number of the dealer's salvage vehicle license, name of the
32 salvage pool, or the name of the governmental entity , as applicable.
33
34 The words "FOR EXPOR T ONL Y" required under subdivisions (1) and (2) of this subsection
35 shall be at least two inches wide and clearly legible. Copies of the stamped titles shall be
36 forwarded to the department.
37 4. The director of revenue shall issue a separate license for each kind of business
38 described in subsection 1 of this section, to be entitled and designated as either "used parts
39 dealer"; "salvage dealer or dismantler"; "rebuilder or body shop"; or "scrap processor"
40 license.
407.300. 1. Every purchaser or collector of, or dealer in, junk, scrap metal, or any
2 secondhand property who obtains items for resale or profit shall keep a register containing a
3 written or electronic record for each purchase or [ trade in which ] trade-in of each type of
4 material subject to the provisions of this section [ is ] obtained for value. There shall be a
5 separate record for each transaction involving any:
6 (1) Copper , brass, or bronze;
7 (2) Aluminum wire, cable, pipe, tubing, bar , ingot, rod, fitting, or fastener;
8 (3) Material containing copper or aluminum that is knowingly used for farming
9 purposes as farming is defined in section 350.010; whatever may be the condition or length of
10 such metal;
11 (4) Detached catalytic converter; or
12 (5) Motor vehicle, heavy equipment, or tractor battery .
13 2. The record required by this section shall contain the following data:
HCS HB 2902 2
14 (1) A copy of the driver's license , or other photo identification issued by the state or
15 by the United States government or agency thereof , of the person from whom the material is
16 obtained;
17 (2) The current address, gender , birth date, and a color photograph of the person from
18 whom the material is obtained if not included or are dif ferent from the identification required
19 in subdivision (1) of this subsection;
20 (3) The date, time, and place of the transaction;
21 (4) The license plate number of the vehicle used by the seller during the transaction;
22 [ and ]
23 (5) A full description of the material, including the weight and purchase price ; and
24 (6) If the purch ase or trade-in includes a detached catalytic converter:
25 (a) Either proo f the seller is a bona fide automobile rep air shop or an affidavit
26 that attests the detached catalytic converter was acquired lawfully; and
27 (b) The make, model, year , and vehicle identification number of the vehicle fr om
28 which the detached catalytic converter originated .
29 3. (1) The records required under this section shall be maintained in order of
30 transaction date for a minimum of [ thirty-six months ] four years from when such material
31 is obtained and shall be available for inspection by any law enforcement officer .
32 (2) The department of rev enue shall cr eate and make available on the
33 department website a standardized form for rec ording the r ecords requ ired under this
34 section.
35 (3) At least monthly , a pur chaser or collector of, or dealer in, junk, scrap metal,
36 or any secondhand prop erty shall submit to the department of reven ue the records
37 r equir ed under this section on the department's form, with copies of the pur chaser's,
38 collector's, or dealer's other r ecords, if any , attached. The submission may be in either a
39 paper or electr onic format. The department of r evenue may pr escribe the format of
40 forms submitted electr onically .
41 4. No transaction that includes a detached catalytic converter shall occur at any
42 location other than the fixed place of business of the purchaser or collector of, or dealer in,
43 junk, scrap metal, or any secondhand property . No detached catalytic converter shall be
44 altered, modified, disassembled, or destroyed until it has been in the purchaser's, collector's,
45 or dealer's possession for five business days.
46 5. Anyone [licensed under section 301.218 who knowingly purchases a stolen
47 detached catalytic converter shall be subject to the following penalties:
48 (1) For a first violation, a fine in the amount of five thousand dollars;
49 (2) For a second violation, a fine in the amount of ten thousand dollars; and
HCS HB 2902 3
50 (3) For a third violation, revocation of the] convicted of violating this section shall
51 be guilty of a class E felony and shall be subject to having any license for a business
52 described under section 301.218 revo ked .
53 6. This section shall not apply to [ either of ] the following transactions:
54 (1) Any transaction for which the seller has an existing business relationship with the
55 scrap metal dealer and is known to the scrap metal dealer making the purchase to be an
56 established business or political subdivision that operates a business with a fixed location that
57 can be reasonably expected to generate regulated scrap metal and can be reasonably identified
58 as such a business, and for which the seller is paid by check or by electronic funds transfer , or
59 the seller produces an acceptable identification, which shall be a copy of the driver's license
60 or photo identification issued by the state or by the United States government or agency
61 thereof, and a copy is retained by the purchaser; or
62 (2) Any transaction for which the type of metal subject to subsection 1 of this section
63 is a minor part of a lar ger item, except [ for ] that minor parts of heating and cooling
64 equipment or of equipment used in the generation and transmission of electrical power or
65 telecommunications , including any catalytic converter of such equipment, shall r emain
66 subject to this section .
67 7. As used in this section, "catalytic converter" means any device designed to be
68 used as an emissions control device when connected to an internal combustion engine,
69 including the constituent parts of such a device, whether assembled into a complete unit
70 or disassembled into separate constituent parts or components.
570.030. 1. A person commits the of fense of stealing if he or she:
2 (1) Appropriates property or services of another with the purpose to deprive him or
3 her thereof, either without his or her consent or by means of deceit or coercion;
4 (2) Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the
5 purpose to deprive him or her thereof, either without his or her consent or by means of deceit
6 or coercion; [ or ]
7 (3) For the purpose of depriving the owner of a lawful interest therein, receives,
8 retains or disposes of property of another knowing that it has been stolen, or believing that it
9 has been stolen ; or
10 (4) For the purpose of depriving the owner of a lawful inter est ther ein, r eceives,
11 r etains, or disposes of a catalytic converter , as defined in subsection 7 of section 407.300,
12 and knows that it has been stolen, believes that it has been stolen, or reas onably should
13 suspect that it has been stolen .
14 2. The offense of stealing is a class A felony if the property appropriated consists of
15 any of the following containing any amount of anhydrous ammonia: a tank truck, tank trailer ,
16 rail tank car , bulk storage tank, field nurse, field tank or field applicator .
HCS HB 2902 4
17 3. The of fense of stealing is a class B felony if:
18 (1) The property appropriated or attempted to be appropriated consists of any amount
19 of anhydrous ammonia or liquid nitrogen;
20 (2) The property consists of any animal considered livestock as the term livestock is
21 defined in section 144.010, or any captive wildlife held under permit issued by the
22 conservation commission, and the value of the animal or animals appropriated exceeds three
23 thousand dollars and that person has previously been found guilty of appropriating any animal
24 considered livestock or captive wildlife held under permit issued by the conservation
25 commission. Notwithstanding any provision of law to the contrary , such person shall serve a
26 minimum prison term of not less than eighty percent of his or her sentence before he or she is
27 eligible for probation, parole, conditional release, or other early release by the department of
28 corrections;
29 (3) A person appropriates property consisting of a motor vehicle, watercraft, or
30 aircraft, and that person has previously been found guilty of two stealing-related of fenses
31 committed on two separate occasions where such of fenses occurred within ten years of the
32 date of occurrence of the present of fense;
33 (4) The property appropriated or attempted to be appropriated consists of any animal
34 considered livestock as the term is defined in section 144.010 if the value of the livestock
35 exceeds ten thousand dollars;
36 (5) The property appropriated or attempted to be appropriated is owned by or in the
37 custody of a financial institution and the property is taken or attempted to be taken physically
38 from an individual person to deprive the owner or custodian of the property; or
39 (6) The person appropriates property , the person's course of conduct is part of an
40 or ganized retail theft, and the value of the property taken, combined with any property
41 damage inflicted in such theft, is ten thousand dollars or more.
42 4. The of fense of stealing is a class C felony if:
43 (1) The value of the property or services appropriated is twenty-five thousand dollars
44 or more;
45 (2) The property is a teller machine or the contents of a teller machine, including
46 cash, regardless of the value or amount; or
47 (3) The person appropriates property , the person's course of conduct is part of an
48 or ganized retail theft, and the value of the property taken, combined with any property
49 damage inflicted in such theft, is seven hundred fifty dollars or more but less than ten
50 thousand dollars.
51 5. The of fense of stealing is a class D felony if:
52 (1) The value of the property or services appropriated is seven hundred fifty dollars or
53 more;
HCS HB 2902 5
54 (2) The offender physically takes the property appropriated from the person of the
55 victim; or
56 (3) The property appropriated consists of:
57 (a) Any motor vehicle, watercraft or aircraft;
58 (b) Any will or unrecorded deed af fecting real property;
59 (c) Any credit device, debit device or letter of credit;
60 (d) Any firearms;
61 (e) Any explosive weapon as defined in section 571.010;
62 (f) Any United States national flag designed, intended and used for display on
63 buildings or stationary flagstaff s in the open;
64 (g) Any original copy of an act, bill or resolution, introduced or acted upon by the
65 legislature of the state of Missouri;
66 (h) Any pleading, notice, judgment or any other record or entry of any court of this
67 state, any other state or of the United States;
68 (i) Any book of registration or list of voters required by chapter 1 15;
69 (j) Any animal considered livestock as that term is defined in section 144.010;
70 (k) Any live fish raised for commercial sale with a value of seventy-five dollars or
71 more;
72 (l) Any captive wildlife held under permit issued by the conservation commission;
73 (m) Any controlled substance as defined by section 195.010;
74 (n) Ammonium nitrate;
75 (o) Any wire, electrical transformer , or metallic wire associated with transmitting
76 telecommunications, video, internet, or voice over internet protocol service, or any other
77 device or pipe that is associated with conducting electricity or transporting natural gas or
78 other combustible fuels; or
79 (p) Any material appropriated with the intent to use such material to manufacture,
80 compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of
81 their analogues.
82 6. The of fense of stealing is a class E felony if:
83 (1) The property appropriated is an animal;
84 (2) The property is a catalytic converter , as defined in subsection 7 of section
85 407.300 ;
86 (3) A person has previously been found guilty of three stealing-related of fenses
87 committed on three separate occasions where such offenses occurred within ten years of the
88 date of occurrence of the present of fense; or
89 (4) The property appropriated is a letter , postal card, package, bag, or other sealed
90 article that was delivered by a common carrier or delivery service and not yet received by the
HCS HB 2902 6
91 addressee or that had been left to be collected for shipment by a common carrier or delivery
92 service.
93 7. The of fense of stealing is a class D misdemeanor if the property is not of a type
94 listed in subsection 2, 3, 5, or 6 of this section, the property appropriated has a value of less
95 than one hundred fifty dollars, and the person has no previous findings of guilt for a stealing-
96 related of fense.
97 8. The of fense of stealing is a class A misdemeanor if no other penalty is specified in
98 this section.
99 9. If a violation of this section is subject to enhanced punishment based on prior
100 findings of guilt, such findings of guilt shall be pleaded and proven in the same manner as
101 required by section 558.021.
102 10. The appropriation of any property or services of a type listed in subsection 2, 3, 5,
103 or 6 of this section or of a value of seven hundred fifty dollars or more may be considered a
104 separate felony and may be char ged in separate counts.
105 1 1. The value of property or services appropriated pursuant to one scheme or course
106 of conduct, whether from the same or several owners and whether at the same or dif ferent
107 times, constitutes a single criminal episode and may be aggregated in determining the grade
108 of the offense, except as set forth in subsection 10 of this section.
109 12. As used in this section, the term "or ganized retail theft" means:
110 (1) Any act of stealing committed by one or more persons, as part of any agreement to
111 steal property from any business, and separate acts of stealing that are part of any ongoing
112 agreement to steal may be aggregated for the purpose of determining value regardless of
113 whether such acts are committed in the same jurisdiction or at the same time;
114 (2) Any act of receiving or possessing any property that has been taken or stolen in
115 violation of subdivision (1) of this subsection while knowing or having reasonable grounds to
116 believe the property is stolen from any business in violation of this section, and separate acts
117 of receiving or possessing such stolen property that are part of any ongoing agreement to
118 receive or possess such stolen property may be aggregated for the purpose of determining
119 value regardless of whether such acts are committed in the same jurisdiction or at the same
120 time; or
121 (3) Any act of org anizing, supervising, financing, leading, or managing between one
122 or more persons to engage for profit in a scheme or course of conduct to ef fectuate or intend
123 to ef fectuate the transfer or sale of property stolen from any business in violation of this
124 section, and separate acts of or ganizing, supervising, financing, leading, or managing between
125 one or more persons to engage for profit in a scheme or course of conduct to ef fectuate or
126 intend to ef fectuate the transfer or sale of such stolen property that are part of any ongoing
127 agreement to or ganize, supervise, finance, lead, or manage between one or more persons to
HCS HB 2902 7
128 engage for profit in a scheme or course of conduct to ef fectuate or intend to ef fectuate the
129 transfer or sale of such stolen property may be aggregated for the purpose of determining the
130 value regardless of whether such acts are committed in the same jurisdiction or at the same
131 time.
132 13. If any prosecuting attorney or circuit attorney makes a request in writing to the
133 attorney general, the attorney general shall have the authority to commence and prosecute the
134 of fense of stealing if such of fense involves or ganized retail theft, and any other of fenses that
135 directly arise from or causally occur as a result of an alleged violation of the of fense of
136 stealing involving or ganized retail theft, in each or any county or a city not within a county in
137 which the of fense occurred with the same power and authority granted to prosecuting
138 attorneys in section 56.060 and circuit attorneys in section 56.450, except that all costs and
139 fees of such prosecution by the attorney general shall be paid by the state and not by any
140 county or local government.
141 14. No provision of this section shall grant any additional power to the attorney
142 general beyond commencement and prosecution of of fenses as authorized in this section.
570.031. 1. A person commits the offense of unlawful possession of a detached
2 catalytic converter if the person possesses a catalytic converter that is detached fro m a
3 motor vehicle with the intent to sell the catalytic converter unless:
4 (1) The detached catalytic converter is possessed in the course of a legitimate
5 business purpose;
6 (2) The detached catalytic converter is a component or constituent part of an
7 item or equipment owned by the person; or
8 (3) The possession of the detached catalytic converter is for some other lawful
9 purpose.
10 2. The offense of unlawful possession of a detached catalytic converter is a class
11 E felony .
570.097 . 1. As used in this section, the following terms mean:
2 (1) "Motor vehicle key pro gramming or emulating device", any device,
3 computer progra m, application, or softwar e designed or used to electro nically
4 communicate with a motor vehicle for the purpose of pr ogramming or emulating a
5 motor vehicle key fob that is capable of being used to unlock or start the motor vehicle;
6 (2) "Relay attack device", any device, computer progr am, application, or
7 softwar e designed or used to intercep t the signal fr om the key fob of a motor vehicle to
8 unlock or start the motor vehicle.
9 2. Except as pr ovided in subsection 3 of this section, no person shall knowingly
10 manufactur e, sell, offer to sell, transfer , or possess a motor vehicle key progr amming or
HCS HB 2902 8
11 emulating device or a relay attack device, or aid or permit another to use a motor
12 vehicle key pro gramming or emulating device or r elay attack device.
13 3. This section shall not apply to the manufacturing, sale, offering to sell,
14 transfer , possession, or use of a motor vehicle key pro gramming or emulating device or
15 r elay attack device for a lawful and rea sonable purpose by or to:
16 (1) A law enforce ment officer;
17 (2) An employee of the National Insurance Crime Bureau ; or
18 (3) An employee of any licensed dealer , distributor , or manufactur er of motor
19 vehicles or motor vehicle locks; motor vehicle mechanic shop; locksmith company; or
20 r epossession agency .
21 4. Any person authorized to possess a motor vehicle key pr ogramming or
22 emulating device or r elay attack device shall repor t a lost or stolen device within forty-
23 eight hours of becoming awar e the device was lost or stolen to a law enforcem ent agency
24 within the jurisdiction in which the device is known or thought to be lost or stolen.
25 5. Any person convicted of a violation of subsection 2 of this section shall be
26 guilty of a class D felony .
27 6. Any person who fails to re port a lost or stolen device as r equir ed under
28 subsection 4 of this section shall be guilty of a class A misdemeanor .
29 7. The pr ovisions of this section ar e severable. If any section or pr ovision of this
30 section is declar ed invalid or unconstitutional, the r emainder of this section shall r emain
31 in for ce.
✔
HCS HB 2902 9