Category Archives: Catalytic Converter Thefts

HB1994

HB1994 – Making a second or subsequent theft of a catalytic converter or other metal a Class B rather than a Class C felony, and lengthening the sentence if a thief confronted someone trying to prevent the theft.
Prime Sponsor – Representative Young (R; 26th District; Kitsap Peninsula) (Co-Sponsors Sutherland and Jacobsen – Rs)
Current status – Referred to the House Committee on Public Safety.
Next step would be – Scheduling a hearing.
Legislative tracking page for the bill.
See also HB1815; HB1873 and SB5495.

Summary –
The bill would make a second or subsequent theft of a catalytic converter or other commercial metal property, nonferrous metal property, or private metal property with a value between $750 and $5,0000 a class B felony, rather than a Class C felony like such thefts of most other kinds of property. It would count a conviction for theft in the third degree, of property worth less than $750, as a first violation if the original charge was for this class B felony.

It would add twelve months to the standard sentence range if it had been proved beyond a reasonable doubt that someone convicted of this crime had engaged in a confrontation during the theft with the property owner or a third party trying to prevent it from occurring.

HB1873

HB1873 – Prohibits scrap metal dealers from buying a catalytic converter from anyone but a business or the owner of the vehicle from which it came; strengthens current law against removing markings from metal property.
Prime Sponsor – Representative Klippert (R; 8th District; Kennewick) (Co-Sponsors Gilday, Jacobsen, Corry, Robertson, and Young – Rs)
Current status – Referred to the House Committee on Public Safety.
Next step would be – Scheduling a hearing.
Legislative tracking page for the bill.
This bill would make a second or subsequent violation of the current law’s prohibitions on removing identifying marks from metal property or entering into a transaction where they’ve been deliberately and conspicuously altered a Class C felony; otherwise; it’s identical to SB5495. HB1815 also addresses converter thefts, by requiring unique marking identification on converters, and creating a task force on the issue. See HB1994 as well.

Summary –
The bill expands the regulations about scrap metal dealers to prohibit them from buying a catalytic converter from anyone but a commercial enterprise or the owner of the vehicle from which it came. (The owner would have to provide the year, make, model, and vehicle identification number for the vehicle.) It adds precious metals to the dealers’ reporting requirements for “private metal property” and “non-ferrous metal property” transactions (though it doesn’t specify that addition each time those others are specified). It requires a five day delay before cash payments can be made for these materials, and requires keeping records of them for at least three years.

It makes it a gross misdemeanor, and a civil infraction subject to a $1,000 fine, for any scrap metal business and for any owner, partner, or employee of one to purchase or receive private metal property
knowing that it’s stolen. It makes a second or subsequent violation of the current law’s prohibitions on removing identifying marks from metal property, or entering into a transaction where they’ve been deliberately and conspicuously altered, a class C felony.

HB1815

HB1815 – Marking catalytic converters with identifiers to more effectively track their ownership and identify stolen property, and creating a task force to address converter thefts.
Prime Sponsor – Representative Ryu (D; 32nd District; Shoreline) (Co-Sponsors Representatives Boehnke & Chase – Rs; J. Johnson, Berry, Fitzgibbon, Orwall, Shewmake, Leavitt, Sells, and Gregerson – Ds)
Current status – House concurred in Senate amendments.
Next step would be – To the Governor.
Legislative tracking page for the bill.
SB5495 also addresses converter thefts; so do HB1873 and HB1994.

In the House – Passed
Had a hearing in the Committee on Public Safety January 18th. Replaced by a substitute making minor changes and passed out of committee January 27th. Referred to Transportation. Replaced by a 2nd Substitute eliminating the pilot converter tracking project, converting the task force to a work group, and adding a member representing auto manufacturers and one representing converter manufacturers. It would have the Washington Association of Sheriffs and Police Chiefs establish a grant and training program, when funded, to assist local law enforcement targeting metal theft. Voted out of committee February 7th; referred to Rules; amended on the House floor to make two very minor changes and passed February 12th.

In the Senate – Passed
Had a hearing in the Senate Committee on Law and Justice February 21st. Replaced by a striker making various adjustments that are summarized by staff at the end of it; passed out of committee and referred to Transportation February 24th. Had a hearing there February 26th; amended to have WSU do the catalytic convertor theft study rather than the Joint Transportation Committee, and passed out of Transportation February 28th. Referred to Rules, replaced by yet another striker, amended, and passed by the Senate March 4th.

The bill now has the WSU catalytic converter theft work group; requires any scrap metal dealer’s transactions for a catalytic converter to have documentation indicating that it came from a vehicle registered in the seller’s name; and limits immediate payment for any non-ferrous metal transaction to $30 unless there’s a retained image of the material as well as the seller’s government ID. It also says there must be a three day delay for payments to individual sellers. (I don’t see how this fits with the previous bit.) A floor amendment added similar requirements for auto wreckers. It adds a $1,000 fine per converter to the current penalties for scrap metal dealing offenses, and makes converter transactions without the required records violations of the Consumer Protection Act. The Association of Sheriffs and Police Chiefs would now be responsible for making recommendations on reducing converter theft (including considering the possibility of a marking program), as well as the grant and training program. People who attempted to purchase or sell unlawfully obtained metals at licensed scrap metal recyclers or to conduct a transaction under the influence of controlled substances would be added to the no-buy database.

Summary –
If funds were appropriated for it, the Washington State Patrol would establish a catalytic converter tracking pilot project intended to deter the theft of converters by marking them with vehicle identification numbers or other unique identifiers. The Patrol would collaborate with law enforcement, insurance companies and scrap metal dealers to identify the vehicles most frequently targeted for converter theft and establish the most effective methods for marking permanently marking them. Materials to arrange for the marking of the converters of vehicles most likely to be stolen at no cost to the owners would be distributed to dealers, automobile repair shops and service centers, law enforcement agencies, and community organizations. The Patrol would make any educational information resulting from the project available to law enforcement agencies and scrap metal dealers, and report to the Legislature by October 1, 2023, describing the progress, results, and any findings, including the number of converters marked, and, to the extent known, whether any marked converters were stolen and the outcome of any criminal investigation into the thefts.

The bill would also create a task force to review state laws related to theft of converters. It would be required to develop recommendations for:
(a) Deterring catalytic converter theft;
(b) Developing tools to identify and recover stolen converters; and
(c) Lowering costs to victims of converter theft.
It might also develop recommendations related to:
(a) Maintenance and accessibility of law enforcement records
related to transactions involving converters; and,
(b) Traceability of payments related to those.

Members would be appointed by the President of the Senate and the Speaker of the House, and consist of a Democrat and a Republican from each chamber (one of whom would be elected as the chair by the members), and a member from the State Patrol, the Washington Association of Sheriffs and Police Chiefs, the Washington Association of Prosecuting Attorneys, the Office of Public Defense; the Superior Court Judges’ Association, the District and Municipal Court Judges’ Association, the Association of Washington Cities, the Office of the Attorney General, the property and casualty insurance industry, the scrap metal recycling industry, the Washington Organized Retail Crime Association, and two members representing individuals with lived experience being charged with, or convicted of, organized theft. The members would choose one legislator and one nonlegislative member as cochairs, and the Patrol would be authorized to contract with one or more consultants to provide data analysis, research, and other services the task force decided it needed.

SB5495

SB5495 – Prohibits scrap metal dealers from buying a catalytic converter from anyone but a business or the owner of the vehicle from which it came.
Prime Sponsor – Senator Jeff Wilson (R; 19th District; Southwest Washington)
Current status – Had a hearing in Law & Justice January 25th; replaced by a substitute, passed out of committee, and referred to Ways and Means February 3rd. Had a hearing February 5th; replaced by a 2nd substitute and passed out of committee February 7th. Referred to Rules. Sent to the X file February 17th
Next step would be – Dead bill.
Legislative tracking page for the bill.
HB1815 addresses converter thefts, by requiring unique identifying marks on them and creating a task force on the issue; so does HB1873, which is identical to this bill except that it would make a second or subsequent violation of the current law’s prohibitions on removing identifying marks from metal property, or entering into a transaction where they’ve been deliberately and conspicuously altered, a Class C felony. See also HB1994.

Summary –
Substitutes –
The initial substitute would have made unlawful possession and attempting the unlawful sale or purchase of a catalytic converter crimes. It appropriated $4 million to have the State Patrol develop a comprehensive enforcement strategy targeting metal theft, including a grant and training program for local law enforcement and a database on people who attempt to purchase or sell unlawfully obtained metals or attempt to conduct transactions under the influence of controlled substances. It removed a couple of the original’s new regulations on scrap metal businesses.

The 2nd Substitute (which I’m assuming overrides a couple of successful previous amendments to the first substitute in the same session) reduces the appropriation to $2 million; shifts the administration of the law enforcement strategy targeting metal theft and the grant program to the Criminal Justice Training Commission and the responsibility for the database to Washington Association of Sheriffs and Police Chiefs; and makes a couple of other small changes in the rules about metal transactions.

Original bill –
The bill expands the regulations about scrap metal dealers to prohibit them from buying a catalytic converter from anyone but a commercial enterprise or the owner of the vehicle from which it came. (The owner would have to provide the year, make, model, and vehicle identification number for the vehicle.) It adds precious metals to the dealers’ reporting requirements for “private metal property” and “non-ferrous metal property” transactions (though it doesn’t specify that addition each time those others are specified). It requires a five day delay before cash payments can be made for these materials, and requires keeping records of them for at least three years.