Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 133 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies language concerning catalytic converter purchases in the Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
• creates the criminal offense of metal or catalytic converter theft;
• removes penalty provisions concerning metal or catalytic converter theft from certain generally applicable criminal theft statutes due to the creation of the metal or catalytic converter theft offense;
• updates industry definition for metal regulation requirements and offenses;
• adds the new metal or catalytic converter theft offense to the offenses concerning pattern of unlawful activity; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

118
13-32a-104.7
76-6-404
76-6-405
76-6-406
76-6-415
76-6-602
76-6-1402
76-10-1602
78B-3-108
0
Metal Purchase and Theft Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill concerns the purchase and theft of metal including catalytic converters.
Highlighted Provisions:
This bill:
defines terms;
clarifies language concerning catalytic converter purchases in the Pawnshop, Secondhand 
Merchandise, and Catalytic Converter Transaction Information Act;
creates the criminal offense of metal or catalytic converter theft;
removes penalty provisions concerning metal or catalytic converter theft from certain 
generally applicable criminal theft statutes due to the creation of the metal or catalytic 
converter theft offense; 
updates industry definition for metal regulation requirements and offenses;
adds the new metal or catalytic converter theft offense to the offenses concerning pattern 
of unlawful activity; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-32a-104.7
, as enacted by Laws of Utah 2022, Chapter 201
76-6-404
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-405
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-406
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-602
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-1402
, as last amended by Laws of Utah 2015, Chapter 108
76-10-1602
, as last amended by Laws of Utah 2024, Chapter 96
78B-3-108
, as last amended by Laws of Utah 2023, Chapter 111
ENACTS:
76-6-415
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-32a-104.7
 is amended to read:
13-32a-104.7
. Database information from catalytic converter purchasers -- 
Penalties.
(1)
As soon as practicable, but no later than January 1, 2023, a catalytic converter purchaser 
shall document information for each catalytic converter purchase as required under this 
section and upload the information to the central database under Section 
13-32a-106
.
(2)
A catalytic converter purchaser shall document the following information regarding a 
catalytic converter purchase:
(a)
the date and time of the catalytic converter purchase;
(b)
the following information regarding the individual selling the catalytic converter:
(i)
the individual's:
(A)
full name and date of birth as they appear on the individual's identification;
(B)
residence address;
(C)
telephone number; and
(D)
signature on a certificate stating that the individual has the legal right to sell 
the catalytic converter;
(ii)
the type of identification the individual presents under Subsection 
(2)(b)(i)(A)
and the unique number on the identification;
(iii)
a color digital photograph or still video of the individual taken at the time of the 
sale, or a clearly legible photocopy of the individual's identification; and
(iv)
except as provided in Subsection 
(3)
, an electronic or tangible legible fingerprint 
of the individual's right index finger, or if the right index finger cannot be 
fingerprinted, a legible fingerprint of the individual with a notation identifying the 
finger fingerprinted and the reason why the right index fingerprint is unavailable;
(c)
the amount paid for the catalytic converter;
(d)
the full name of the individual conducting the purchase on behalf of the catalytic 
converter purchaser or the initials or unique identifying employee number, if the 
catalytic converter purchaser maintains a record of the initials or unique identifying 
employee number of the individual;
(e)
an accurate description of the catalytic converter, with available identifying marks, 
including:
(i)
if available, the name, brand name, number, serial number, model number, 
manufacturer information, and size of the catalytic converter;
(ii)
any marks of identification or indicia of ownership on the catalytic converter;
(iii)
the weight of the catalytic converter, if the payment is based on weight; and
(iv)
other unique identifying characteristics of the catalytic converter; and
(f)
a color, digital photograph of the catalytic converter.
(3)
If the individual selling a catalytic converter to the catalytic converter purchaser
 in a 
catalytic converter purchase
 previously has sold one or more catalytic converters to the 
catalytic converter purchaser, the catalytic converter purchaser is not required to obtain 
the fingerprint under Subsection 
(2)(b)(iv)
.
(4)
A catalytic converter purchaser may not accept a catalytic converter if, upon inspection, 
it is apparent that the serial number or identifying characteristics have been intentionally 
defaced on the catalytic converter.
(5)
The division shall establish standards and criteria for fingerprint legibility under 
Subsection 
(2)(b)(iv)
 by rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
.
(6)
A violation of this section is a class B misdemeanor and is also subject to civil penalties 
under Section 
13-32a-110
.
(7)
A dealer, as defined in Section 
76-6-1402
, that 
purchases
makes
 a catalytic converter 
purchase 
under this section shall comply with 
Title 76, Chapter 6, Part 14, Regulation of 
Metal Dealers
.
Section 2, Section 
76-6-404
 is amended to read:
76-6-404
. Theft -- Elements.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft if the actor obtains or exercises unauthorized control over 
another person's property with a purpose to deprive the person of the person's property.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000;
(ii)
property stolen is a firearm or an operable motor vehicle; or
(iii)
property is stolen from the person of another;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if the value is less than $5,000 and the suspect metal is made of or 
contains aluminum or copper and is not a lead battery;
(iii)
(ii)
the value of the property is or exceeds $500 and the actor has been twice 
before convicted of any of the following offenses, if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based and at least one of those 
convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
; or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
(3)(b)(ii)(A)
 or 
(B)
;
(iv)
(iii)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C)
(3)(b)(ii)(A) 
through (3)(b)(ii)(C)
, if the prior offense was committed within 10 years before 
the date of the current conviction or the date of the offense upon which the current 
conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C)
(3)(b)(ii)(A) through (3)(b)(ii)(C)
, 
if each prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)
(c).
Section 3, Section 
76-6-405
 is amended to read:
76-6-405
. Theft by deception.
(1)
(a)
As used in this section, "puffing" means an exaggerated commendation of wares 
or worth in a communication addressed to an individual, group, or the public.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits theft by deception if the actor obtains or exercises control over 
property of another person:
(i)
by deception; and
(ii)
with a purpose to deprive the other person of property.
(b)
The deception described in Subsection 
(2)(a)(i)
 and the deprivation described in 
Subsection 
(2)(a)(ii)
 may occur at separate times.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000; or
(ii)
property stolen is a firearm or an operable motor vehicle;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property:
(A)
is a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if the value is less than $5,000 and the suspect metal is made of or 
contains aluminum or copper and is not a lead battery;
(iii)
(ii)
the value of the property is or exceeds $500 and the actor has been twice 
before convicted of any of the following offenses, if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based and at least one of those 
convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
; or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
(3)(b)(ii)(A) or (B)
;
(iv)
(iii)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C)
(3)(b)(ii)(A) 
through (3)(b)(ii)(C)
, if the prior offense was committed within 10 years before 
the date of the current conviction or the date of the offense upon which the current 
conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C)
(3)(b)(ii)(A) through (3)(b)(ii)(C)
, 
if each prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)(c)
.
(4)
Theft by deception does not occur when there is only:
(a)
falsity as to matters having no pecuniary significance; or
(b)
puffing by statements unlikely to deceive an ordinary person in the group addressed.
Section 4, Section 
76-6-406
 is amended to read:
76-6-406
. Theft by extortion.
(1)
(a)
As used in this section, extortion occurs when an actor threatens to:
(i)
cause physical harm in the future to the person threatened, to any other person, or 
to property at any time;
(ii)
subject the person threatened or any other person to physical confinement or 
restraint;
(iii)
engage in other conduct constituting a crime;
(iv)
accuse any person of a crime or expose any person to hatred, contempt, or 
ridicule;
(v)
reveal any information sought to be concealed by the person threatened;
(vi)
testify, provide information, or withhold testimony or information with respect to 
a person's legal claim or defense;
(vii)
take action as an official against anyone or anything, or withhold official action, 
or cause such action or withholding;
(viii)
bring about or continue a strike, boycott, or other similar collective action to 
obtain property that is not demanded or received for the benefit of the group that 
the actor purports to represent; or
(ix)
do any other act which would not in itself substantially benefit the actor but 
which would harm substantially any other person with respect to that person's 
health, safety, business, calling, career, financial condition, reputation, or personal 
relationships.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft by extortion if the actor obtains or exercises control over the 
property of another person by extortion and with a purpose to deprive the person of the 
person's property.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000;
(ii)
property stolen is a firearm or an operable motor vehicle; or
(iii)
property is stolen from the person of another;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if the value is less than $5,000 and the suspect metal is made of or 
contains aluminum or copper and is not a lead battery;
(iii)
(ii)
the value of the property is or exceeds $500 and the actor has been twice 
before convicted of any of the following offenses, if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based and at least one of those 
convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
; or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
(3)(b)(ii)(A) or (B)
;
(iv)
(iii)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C)
(3)(b)(ii)(A) 
through (3)(b)(ii)(C)
, if the prior offense was committed within 10 years before 
the date of the current conviction or the date of the offense upon which the current 
conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
(3)(b)(ii)(A) through (3)(b)(ii)(C)
, 
if each prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)(c)
.
(4)
(a)
A person who is adversely impacted by the conduct prohibited in Subsection 
(2)
may bring a civil action for equitable relief and damages.
(b)
In accordance with Section 
78B-2-305
, a person who brings an action under 
Subsection 
(4)(a)
 shall commence the action within three years after the day on 
which the cause of action arises.
Section 5, Section 
76-6-415
 is enacted to read:
76-6-415
. Metal or catalytic converter theft.
(1)
(a)
As used in this section:
(i)
"Catalytic converter" means the same as that term is defined in Section 
76-6-1402
.
(ii)
"Ferrous metal" means the same as that term is defined in Section 
76-6-1402
.
(iii)
(A)
"Metal" means nonferrous metal, ferrous metal, or regulated metal.
(B)
"Metal" includes suspect metal items.
(C)
"Metal" does not include jewelry.
(iv)
"Nonferrous metal" means the same as that term is defined in Section 
76-6-1402
.
(v)
"Regulated metal" means the same as that term is defined in Section 
76-6-1402
.
(vi)
"Suspect metal items" means the same as that term is defined in Section 
76-6-1402
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-401
 apply to this section.
(2)
An actor commits metal or catalytic converter theft if the actor obtains or exercises 
unauthorized control over another person's metal or catalytic converter with a purpose to 
deprive the person of the person's metal or catalytic converter.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if:
(i)
 the value of the metal is or exceeds $5,000; or
(ii)
the metal is stolen from the person of another;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter; or
(B)
25 pounds or more of a suspect metal item if the value is less than $5,000 and 
the suspect metal item is made of or contains aluminum or copper and is not a 
lead battery;
(iii)
the value of the metal is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under Part 5, Fraud; or
(C)
any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
(iv)
(A)
the value of the metal is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the actor has committed any theft within 
the past five years; and
(C)
the actor has received written notice from the merchant prohibiting the actor 
from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior 
offense was committed within 10 years before the date of the current conviction or 
the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the metal stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of the metal is less than $500;
(B)
the theft occurs on a property where the actor has committed any theft within 
the past five years; and
(C)
the actor has received written notice from the merchant prohibiting the actor 
from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the metal stolen is less than $500 and the theft 
is not an offense under Subsection 
(3)(c)
.
Section 6, Section 
76-6-602
 is amended to read:
76-6-602
. Retail theft.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-6-601
 apply to this section.
(2)
An actor commits retail theft if the actor knowingly:
(a)
takes possession of, conceals, carries away, transfers or causes to be carried away or 
transferred, any merchandise displayed, held, stored, or offered for sale in a retail 
mercantile establishment with the intention of:
(i)
retaining the merchandise; or
(ii)
depriving the merchant permanently of the possession, use or benefit of such 
merchandise without paying the retail value of the merchandise;
(b)
(i)
alters, transfers, or removes any label, price tag, marking, indicia of value, or 
any other markings which aid in determining value of any merchandise displayed, 
held, stored, or offered for sale, in a retail mercantile establishment; and
(ii)
attempts to purchase the merchandise described in Subsection 
(2)(b)(i)
 personally 
or in consort with another at less than the retail value with the intention of 
depriving the merchant of the retail value of the merchandise;
(c)
transfers any merchandise displayed, held, stored, or offered for sale in a retail 
mercantile establishment from the container in or on which the merchandise is 
displayed to any other container with the intention of depriving the merchant of the 
retail value of the merchandise;
(d)
under-rings with the intention of depriving the merchant of the retail value of the 
merchandise; or
(e)
removes a shopping cart from the premises of a retail mercantile establishment with 
the intent of depriving the merchant of the possession, use, or benefit of the shopping 
cart.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the merchandise or shopping cart is or exceeds $5,000;
(ii)
merchandise stolen is a firearm or an operable motor vehicle; or
(b)
a third degree felony if:
(i)
the value of the merchandise is or exceeds $1,500 but is less than $5,000;
(ii)
the merchandise is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if the value is less than $5,000 and the suspect metal is made of or 
contains aluminum or copper and is not a lead battery;
(iii)
(ii)
the value of the merchandise or shopping cart is or exceeds $500 and the 
actor has been twice before convicted of any of the following offenses, if each 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based 
and at least one of those convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
; or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
(3)(b)(ii)(A) or (B)
;
(iv)
(iii)
(A)
the value of merchandise or shopping cart is or exceeds $500 but is 
less than $1,500;
(B)
the theft occurs in a retail mercantile establishment or on the premises of a 
retail mercantile establishment where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the retail mercantile establishment or premises of a 
retail mercantile establishment pursuant to Subsection 
78B-3-108(4)
; or
(v)
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
(3)(b)(ii)(A) 
through (3)(b)(ii)(C)
, if the prior offense was committed within 10 years before 
the date of the current conviction or the date of the offense upon which the current 
conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the merchandise or shopping cart stolen is or exceeds $500 but is less 
than $1,500;
(ii)
(A)
the value of merchandise or shopping cart is less than $500;
(B)
the theft occurs in a retail mercantile establishment or premises of a retail 
mercantile establishment where the offender has committed any theft within 
the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the retail mercantile establishment or premises of a 
retail mercantile establishment pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
(3)(b)(ii)(A) through (3)(b)(ii)(C)
, 
if each prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the merchandise or shopping cart stolen is less 
than $500 and the theft is not an offense under Subsection 
(3)(c)
.
Section 7, Section 
76-6-1402
 is amended to read:
76-6-1402
. Definitions.
As used in this part:
(1)
"Catalytic converter" means a motor vehicle exhaust system component that reduces 
vehicle emissions by breaking down harmful exhaust emissions.
(2)
"Dealer" means:
(a)
a scrap metal processor or secondary metals dealer or recycler, but does not include:
(i)
junk dealers as defined in Section 
76-6-1402
;
(ii)
solid waste management facilities as defined in Section 
19-6-502
; or
(iii)
the following businesses that are authorized to accept delivery of used lead 
batteries for recycling under Sections 
19-6-603
, 
19-6-604
, and 
19-6-605
:
(A)
retailers;
(B)
wholesalers;
(C)
battery manufacturers; and
(D)
secondary lead smelters.
(b)
a metals refiner.
(3)
"Ferrous metal" means a metal that contains significant quantities of iron or steel.
(4)
"Identification" means a form of positive identification issued by a state of the United 
States or the United States federal government that:
(a)
contains a numerical identifier and a photograph of the person identified;
(b)
provides the date of birth of the person identified; and
(c)
includes a state identification card, a state driver license, a United States military 
identification card, or a United States passport.
(5)
"Junk dealer" means all persons, firms, or corporations engaged in the business of 
purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, 
bagging, rags, rubber, paper, and other like materials, but not including regulated metal.
(6)
"Local law enforcement agency" means the law enforcement agency that has 
jurisdiction over the area where the dealer's business is located.
(7)
"Metals refiner" means an individual or business that refines or melts any regulated 
metal, but does not include an individual or business that primarily uses ore, concentrate, 
or other primary materials in refining, melting, or producing any regulated metal.
(8)
"Nonferrous metal":
(a)
means a metal that does not contain significant quantities of iron or steel; and
(b)
includes copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.
(9)
(a)
"Regulated metal" means any item composed primarily of nonferrous metal, 
except as provided in Subsection 
(9)(c)
.
(b)
"Regulated metal" includes:
(i)
aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, 
except under Subsection 
(9)(c)
, and lead that is a part of an automotive or 
industrial lead battery;
(ii)
property that is a regulated metal and that is owned by, and also identified by 
marking or other means as the property of:
(A)
a telephone, cable, electric, water, or other utility; or
(B)
a railroad company;
(iii)
unused and undamaged building construction materials made of metal or alloy, 
including:
(A)
copper pipe, tubing, or wiring; and
(B)
aluminum wire, siding, downspouts, or gutters;
(iv)
oil well rigs, including any part of the rig;
(v)
nonferrous materials, stainless steel, and nickel; and
(vi)
irrigation pipe.
(c)
"Regulated metal" does not include:
(i)
ferrous metal, except as provided in Subsection 
(9)(b)(ii)
 or 
(iv)
;
(ii)
household-generated recyclable materials;
(iii)
items composed wholly of light iron or sheet steel;
(iv)
aluminum beverage containers; or
(v)
containers used solely for containing food.
(10)
"Scrap metal processor" means any person:
(a)
who, from a fixed location, utilizes machinery and equipment for processing and 
manufacturing iron, steel, or nonferrous scrap into prepared grades; and
(b)
whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not 
including precious metals, for sale for remelting purposes.
(11)
"Secondary metals dealer or recycler" means any person who:
(a)
is engaged in the business of purchasing, collecting, or soliciting regulated metal; or
(b)
operates or maintains a facility where regulated metal is purchased or kept for 
shipment, sale, transfer, or salvage.
(12)
"Suspect metal items" are the following items made of regulated metal:
(a)
manhole covers and sewer grates;
(b)
gas meters and water meters;
(c)
traffic signs, street signs, aluminum street light poles, communications transmission 
towers, and guard rails;
(d)
grave site monument vases and monument plaques;
(e)
any monument plaque;
(f)
brass or bronze bar stock and bar ends;
(g)
ingots;
(h)
nickel and nickel alloys containing greater than 50% nickel;
(i)
#1 and #2 copper as defined by the most recent 
institute of Scrap Recycling 
Industries, Inc., Scrap Specifications Circular
materials specifications circular issued 
by the Recycled Materials Association
;
(j)
unused and undamaged building materials, including:
(i)
greenline copper;
(ii)
copper pipe, tubing, or wiring; and
(iii)
aluminum wire, siding, downspouts, or gutters;
(k)
catalytic converters;
(l)
automotive and industrial lead batteries; 
and
(m)
wire that has been burned or that has the appearance of having been burned.
Section 8, Section 
76-10-1602
 is amended to read:
76-10-1602
. Definitions.
As used in this part:
(1)
"Enterprise" means any individual, sole proprietorship, partnership, corporation, 
business trust, association, or other legal entity, and any union or group of individuals 
associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct which constitutes the 
commission of at least three episodes of unlawful activity, which episodes are not 
isolated, but have the same or similar purposes, results, participants, victims, or methods 
of commission, or otherwise are interrelated by distinguishing characteristics. Taken 
together, the episodes shall demonstrate continuing unlawful conduct and be related 
either to each other or to the enterprise. At least one of the episodes comprising a 
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act 
constituting part of a pattern of unlawful activity as defined by this part shall have 
occurred within five years of the commission of the next preceding act alleged as part of 
the pattern.
(3)
"Person" includes any individual or entity capable of holding a legal or beneficial 
interest in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command, 
encourage, or intentionally aid another person to engage in conduct which would 
constitute any offense described by the following crimes or categories of crimes, or to 
attempt or conspire to engage in an act which would constitute any of those offenses, 
regardless of whether the act is in fact charged or indicted by any authority or is 
classified as a misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized 
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality 
Code, Sections 
19-1-101
 through 
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose 
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or 
Section 
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, 
Chapter 3, Part 11, Utah False Claims Act, Sections 
26B-3-1101
 through 
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal 
Offenses and Procedure Act;
(f)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah 
Uniform Land Sales Practices Act;
(g)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah 
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances 
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, 
Chapter 37d, Clandestine Drug Lab Act;
(h)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform 
Securities Act;
(i)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah 
Procurement Code;
(j)
assault under Section
76-5-102
;
(k)
aggravated assault under Section 
76-5-103
;
(l)
a threat of terrorism under Section 
76-5-107.3
;
(m)
a criminal homicide offense under Section 
76-5-201
;
(n)
kidnapping under Section
76-5-301
;
(o)
aggravated kidnapping under Section
76-5-302
;
(p)
human trafficking for labor under Section 
76-5-308
;
(q)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(r)
human smuggling under Section 
76-5-308.3
;
(s)
human trafficking of a child under Section
76-5-308.5
;
(t)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(u)
aggravated human trafficking under Section
76-5-310
;
(v)
sexual exploitation of a minor under Section 
76-5b-201
;
(w)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(x)
arson under Section 
76-6-102
;
(y)
aggravated arson under Section
76-6-103
;
(z)
causing a catastrophe under Section 
76-6-105
;
(aa)
burglary under Section 
76-6-202
;
(bb)
aggravated burglary under Section
76-6-203
;
(cc)
burglary of a vehicle under Section 
76-6-204
;
(dd)
manufacture or possession of an instrument for burglary or theft under Section 
76-6-205
;
(ee)
robbery under Section 
76-6-301
;
(ff)
aggravated robbery under Section
76-6-302
;
(gg)
theft under Section 
76-6-404
;
(hh)
theft by deception under Section 
76-6-405
;
(ii)
theft by extortion under Section 
76-6-406
;
(jj)
receiving stolen property under Section 
76-6-408
;
(kk)
theft of services under Section 
76-6-409
;
(ll)
metal or catalytic converter theft under Section 
76-6-415
;
(ll)
(mm)
forgery under Section 
76-6-501
;
(mm)
(nn)
unlawful use of financial transaction card under Section
76-6-506.2
;
(nn)
(oo)
unlawful acquisition, possession, or transfer of financial transaction card 
under Section
76-6-506.3
;
(oo)
(pp)
financial transaction card offenses under Section
76-6-506.6
;
(pp)
(qq)
deceptive business practices under Section 
76-6-507
;
(qq)
(rr)
bribery or receiving bribe by person in the business of selection, appraisal, or 
criticism of goods under Section 
76-6-508
;
(rr)
(ss)
bribery of a labor official under Section 
76-6-509
;
(ss)
(tt)
defrauding creditors under Section 
76-6-511
;
(tt)
(uu)
acceptance of deposit by insolvent financial institution under Section 
76-6-512
;
(uu)
(vv)
unlawful dealing with property by fiduciary under Section 
76-6-513
;
(vv)
(ww)
bribery or threat to influence contest under Section 
76-6-514
;
(ww)
(xx)
making a false credit report under Section 
76-6-517
;
(xx)
(yy)
criminal simulation under Section 
76-6-518
;
(yy)
(zz)
criminal usury under Section 
76-6-520
;
(zz)
(aaa)
insurance fraud under Section 
76-6-521
;
(aaa)
(bbb)
retail theft under Section 
76-6-602
;
(bbb)
(ccc)
computer crimes under Section 
76-6-703
;
(ccc)
(ddd)
identity fraud under Section 
76-6-1102
;
(ddd)
(eee)
mortgage fraud under Section 
76-6-1203
;
(eee)
(fff)
sale of a child under Section 
76-7-203
;
(fff)
(ggg)
bribery to influence official or political actions under Section 
76-8-103
;
(ggg)
(hhh)
threat to influence official or political action under Section 
76-8-104
;
(hhh)
(iii)
receiving bribe or bribery by public servant under Section 
76-8-105
;
(iii)
(jjj)
receiving bribe for endorsement of person as a public servant under Section 
76-8-106
;
(jjj)
(kkk)
bribery for endorsement of person as public servant under Section 
76-8-106.1
;
(kkk)
(lll)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(lll)
(mmm)
official misconduct concerning inside information under Section
76-8-202
;
(mmm)
(nnn)
obstruction of justice in a criminal investigation or proceeding under 
Section 
76-8-306
;
(nnn)
(ooo)
acceptance of bribe or bribery to prevent criminal prosecution under 
Section 
76-8-308
;
(ooo)
(ppp)
harboring or concealing offender who has escaped from official custody 
under Section 
76-8-309.2
;
(ppp)
(qqq)
making a false or inconsistent material statement under Section 
76-8-502
;
(qqq)
(rrr)
making a false or inconsistent statement under Section 
76-8-503
;
(rrr)
(sss)
making a written false statement under Section 
76-8-504
;
(sss)
(ttt)
tampering with a witness under Section 
76-8-508
;
(ttt)
(uuu)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(uuu)
(vvv)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vvv)
(www)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(www)
(xxx)
tampering with evidence under Section 
76-8-510.5
;
(xxx)
(yyy)
falsification or alteration of a government record under Section 
76-8-511
, if 
the record is a record described in Title 20A, Election Code, or Title 36, Chapter 11, 
Lobbyist Disclosure and Regulation Act;
(yyy)
(zzz)
public assistance fraud by an applicant for public assistance under Section 
76-8-1203.1
;
(zzz)
(aaaa)
public assistance fraud by a recipient of public assistance under Section 
76-8-1203.3
;
(aaaa)
(bbbb)
public assistance fraud by a provider under Section 
76-8-1203.5
;
(bbbb)
(cccc)
fraudulently misappropriating public assistance funds under Section 
76-8-1203.7
;
(cccc)
(dddd)
false statement to obtain or increase unemployment compensation under 
Section 
76-8-1301
;
(dddd)
(eeee)
false statement to prevent or reduce unemployment compensation or 
liability under Section 
76-8-1302
;
(eeee)
(ffff)
unlawful failure to comply with Employment Security Act requirements 
under Section 
76-8-1303
;
(ffff)
(gggg)
unlawful use or disclosure of employment information under Section 
76-8-1304
;
(gggg)
(hhhh)
intentionally or knowingly causing one animal to fight with another 
under Subsection 
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
;
(hhhh)
(iiii)
possession, use, or removal of explosives, chemical, or incendiary devices 
or parts under Section 
76-10-306
;
(iiii)
(jjjj)
delivery to common carrier, mailing, or placement on premises of an 
incendiary device under Section 
76-10-307
;
(jjjj)
(kkkk)
possession of a deadly weapon with intent to assault under Section 
76-10-507
;
(kkkk)
(llll)
unlawful marking of pistol or revolver under Section 
76-10-521
;
(llll)
(mmmm)
alteration of number or mark on pistol or revolver under Section 
76-10-522
;
(mmmm)
(nnnn)
forging or counterfeiting trademarks, trade name, or trade device 
under Section 
76-10-1002
;
(nnnn)
(oooo)
selling goods under counterfeited trademark, trade name, or trade 
devices under Section 
76-10-1003
;
(oooo)
(pppp)
sales in containers bearing registered trademark of substituted articles 
under Section 
76-10-1004
;
(pppp)
(qqqq)
selling or dealing with article bearing registered trademark or service 
mark with intent to defraud under Section 
76-10-1006
;
(qqqq)
(rrrr)
gambling under Section 
76-10-1102
;
(rrrr)
(ssss)
gambling fraud under Section 
76-10-1103
;
(ssss)
(tttt)
gambling promotion under Section 
76-10-1104
;
(tttt)
(uuuu)
possessing a gambling device or record under Section 
76-10-1105
;
(uuuu)
(vvvv)
confidence game under Section 
76-10-1109
;
(vvvv)
(wwww)
distributing pornographic material under Section 
76-10-1204
;
(wwww)
(xxxx)
inducing acceptance of pornographic material under Section 
76-10-1205
;
(xxxx)
(yyyy)
dealing in harmful material to a minor under Section 
76-10-1206
;
(yyyy)
(zzzz)
distribution of pornographic films under Section 
76-10-1222
;
(zzzz)
(aaaaa)
indecent public displays under Section 
76-10-1228
;
(aaaaa)
(bbbbb)
prostitution under Section 
76-10-1302
;
(bbbbb)
(ccccc)
aiding prostitution under Section 
76-10-1304
;
(ccccc)
(ddddd)
exploiting prostitution under Section 
76-10-1305
;
(ddddd)
(eeeee)
aggravated exploitation of prostitution under Section 
76-10-1306
;
(eeeee)
(fffff)
communications fraud under Section 
76-10-1801
;
(fffff)
(ggggg)
an act prohibited by the criminal provisions of Part 19, Money 
Laundering and Currency Transaction Reporting Act;
(ggggg)
(hhhhh)
vehicle compartment for contraband under Section 
76-10-2801
;
(hhhhh)
(iiiii)
an act prohibited by the criminal provisions of the laws governing 
taxation in this state; or
(iiiii)
(jjjjj)
an act illegal under the laws of the United States and enumerated in 18 
U.S.C. Sec. 1961(1)(B), (C), and (D).
Section 9, Section 
78B-3-108
 is amended to read:
78B-3-108
. Shoplifting -- Merchant's rights -- Civil liability for shoplifting by 
adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written 
notice required for penalty demand.
(1)
As used in this section:
(a)
"Merchandise" has the same meaning as provided in Section 
76-6-601
.
(b)
"Merchant" has the same meaning as provided in Section 
76-6-601
.
(c)
"Minor" has the same meaning as provided in Section 
76-6-601
.
(d)
"Premises" has the same meaning as "retail mercantile establishment" found in 
Section 
76-6-601
.
(2)
(a)
A merchant may request an individual on the merchant's premises to place or keep 
in full view any merchandise the individual may have removed, or which the 
merchant has reason to believe the individual may have removed, from its place of 
display or elsewhere, whether for examination, purchase, or for any other reasonable 
purpose.
(b)
The merchant may not be criminally or civilly liable for having made the request.
(3)
(a)
A merchant who has reason to believe that an individual has committed any of the 
offenses listed in Subsection 
76-6-404(3)(b)(iii)(A)
, 
(B)
, or 
(C)
76-6-404(3)(b)(ii)(A)
, 
(B), or (C)
 and that the merchant can recover the merchandise by taking the 
individual into custody and detaining the individual may, for the purpose of 
attempting to recover the merchandise or for the purpose of informing a peace officer 
of the circumstances of the detention, take the individual into custody and detain the 
individual in a reasonable manner and for a reasonable length of time.
(b)
Neither the merchant nor the merchant's employee may be criminally or civilly liable 
for false arrest, false imprisonment, slander, or unlawful detention or for any other 
type of claim or action unless the custody and detention are unreasonable under all 
the circumstances.
(4)
(a)
A merchant may prohibit an individual who has committed any of the offenses 
listed in Subsection 
76-6-404(3)(b)(iii)
76-6-404(3)(b)(ii)
 from reentering the 
premises on which the individual has committed the offense.
(b)
The merchant shall give written notice of this prohibition to the individual under 
Subsection 
(4)(a)
. The notice may be served by:
(i)
delivering a copy to the individual personally;
(ii)
sending a copy through registered or certified mail addressed to the individual at 
the individual's residence or usual place of business;
(iii)
leaving a copy with an individual of suitable age and discretion at either location 
under Subsection 
(4)(b)(ii)
 and mailing a copy to the individual at the individual's 
residence or place of business if the individual is absent from the residence or 
usual place of business; or
(iv)
affixing a copy in a conspicuous place at the individual's residence or place of 
business.
(c)
The individual serving the notice may authenticate service with the individual's 
signature, the method of service, and legibly documenting the date and time of 
service.
(5)
An adult who commits any of the offenses listed in Subsection 
76-6-404(3)(b)(iii)(A)
, 
(B)
, or 
(C)
76-6-404(3)(b)(ii)(A)
, (B), or (C)
 is also liable in a civil action for:
(a)
actual damages;
(b)
a penalty to the merchant in the amount of the retail price of the merchandise not to 
exceed $1,000; and
(c)
an additional penalty as determined by the court of not less than $100 nor more than 
$500, plus court costs and reasonable attorney fees.
(6)
A minor who commits any of the offenses listed in Subsection 
76-6-404(3)(b)(iii)(A)
, 
(B)
, or 
(C)
76-6-404(3)(b)(ii)(A)
, (B), or (C)
 and the minor's parents or legal guardian 
are jointly and severally liable in a civil action to the merchant for:
(a)
actual damages;
(b)
a penalty to be remitted to the merchant in the amount of the retail price of the 
merchandise not to exceed $500 plus an additional penalty as determined by the court 
of not less than $50 nor more than $500; and
(c)
court costs and reasonable attorney fees.
(7)
A parent or guardian is not liable for damages under this section if the parent or 
guardian made a reasonable effort to restrain the wrongful taking and reported it to the 
merchant involved or to the law enforcement agency having primary jurisdiction once 
the parent or guardian knew of the minor's unlawful act. A report is not required under 
this section if the minor was arrested or apprehended by a peace officer or by anyone 
acting on behalf of the merchant involved.
(8)
A conviction in a criminal action for any of the offenses listed in Subsection 
76-6-404(3)(b)(iii)(A)
, 
(B)
, or 
(C)
76-6-404(3)(b)(ii)(A)
, (B), or (C)
 is not a condition 
precedent to a civil action authorized under Subsection 
(5)
 or 
(6)
.
(9)
(a)
A merchant demanding payment of a penalty under Subsection 
(5)
 or 
(6)
 shall give 
written notice to the individual or individuals from whom the penalty is sought. The notice 
shall state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not 
prevent criminal prosecution under a related criminal provision."
(b)
This notice shall be boldly and conspicuously displayed, in at least the same size 
type as is used in the demand, and shall be sent with the demand for payment of the 
penalty described in Subsection 
(5)
 or 
(6)
.
(10)
The provision of Section 
78B-8-201
 requiring that compensatory or general damages 
be awarded in order to award punitive damages does not prohibit an award of a penalty 
under Subsection 
(5)
 or 
(6)
 whether or not restitution has been paid to the merchant 
either prior to or as part of a civil action.
Section 10. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
3-13-25 2:04 PM