Catalytic Converter Bill Targets Illicit Market In Washington

OLYMPIA, WA — The King County Prosecuting Attorney's Office testified this week in favor of a new bill before the state legislature that aims to make it harder to sell stolen catalytic converters.

Senate Bill 5495 had a public hearing before the Senate's Committee on Law & Justice on Tuesday morning. The bill, sponsored by Sen. Jeff Wilson (R-Longview), is modeled after a similar law recently approved in Oregon. It would prohibit the resale of most used converters to scrap dealers, except those from commercial enterprises, strengthen record-keeping requirements, and increase fines for failing to properly document sales.

Wilson described catalytic converter thefts as one of the fastest-growing crimes in the country, citing data from the National Insurance Crime Bureau that found reports in Washington went from 42 in 2019 to nearly 3,400 in the first three quarters of 2021.

"Across the state, we're seeing thieves crawling under cars and trucks and sawing through tailpipes," Wilson said in a statement. "They're targeting busy parking lots, vehicles parked along roadways, even school buses, often doing significant damage to vehicle emission systems. When repairs cost $1,000 and up, this isn't a nuisance crime, it's a serious matter."

Gary Ernsdorff, a senior deputy prosecuting attorney for King County, testified in support of the bill Tuesday, favoring an approach tailored to disrupt the marketplace itself over concentrating on individual arrests.

"Dry up the demand for stolen catalytic converters and you dry up the thefts overnight," Ernsdorff said. "A delay to next year's legislative session only means that thousands, maybe tens of thousands of Washingtonians will be victimized during the delay."

Ernsdorff said targeting the demand side of the equation could prove more effective than "incarcerating our way out of this problem," and supply-side investigations can be difficult to see through.

"Criminal investigations, as I said, are long and costly, and we have to prove that the recyclers knew the catalytic converters were stolen — and that's difficult," he said.

By concentrating on the resale market, Ernsdorff said thieves will find it more and more difficult to fence the devices. To help chip away at demand, he recommended that recyclers be required to photocopy each sellers' identification, take multiple photos of the catalytic converter, record information about the vehicle it came from and who the owner is, along with having an agency responsible for inspecting reviewing the paperwork. Recyclers who fail to keep proper records would face a $2,000 and have to give up the device in question.

"That kind of regulatory scheme: required recordkeeping and inspection; funded enforcement; and sure and swift penalties will dry up the demand for illegal acts, allow law-abiding recyclers to have plenty of room to conduct their legal and profitable business," Ernsdorff said.

This year's legislative session is scheduled to conclude on March 10.