Governor Wolf Signs Legislation Setting Penalties for the Theft of Catalytic Converters

By Erik A. Ross, Senior Associate, Milliron & Goodman

On Nov. 3, 2022, Governor Tom Wolf (pictured at left) signed House Bill 23981 into law as Act 1302 of 2022. House Bill 2398 (Oberlander-R) amends Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes to provide for the regulation and operation of highly automated vehicles (HAVs) with or without a human driver. However, at the request of the Pennsylvania Independent Automobile Dealers Association (PIADA), Senator Wayne Langerholc (R-Cambria) amended House Bill 2398 in the Senate to include language addressing the theft of catalytic converters.

The theft of catalytic converters has reached epidemic proportions in both Pennsylvania and across the country, with incidents of catalytic converter theft doubling in Pennsylvania from 2019 to 2020. Currently, state and local police have proven ineffective in preventing these thefts.

Moreover, the theft of catalytic converters has severe financial repercussions on small automobile dealers. Once a catalytic converter is stolen from an automobile dealer, they are then responsible for covering the large insurance deductible (average $2,500) associated with their policy. Many small automobile dealers across the state simply cannot afford multiple catalytic converters being stolen off their lot.

To address this problem, the legislation added section 3723 of Title 75 (Vehicles) which creates a new offense of theft of catalytic converters. Grading of the offense related to the theft of catalytic converters is as follows:

1. A misdemeanor of the third degree if the value of the catalytic converter is less than $50. 2. A misdemeanor of the second degree if the value of the catalytic converter is between $50 and less than $200. 3. A misdemeanor of the first degree if the value of the catalytic converter is between $200 or more but less than $1,000; and 4. A felony of the third degree if the value of the catalytic converter is $1,000 or more.

Section 3723 (relating to theft of catalytic convert) shall take effect in 60 days (January 2, 2023).

In addition, it is important to note the contributions of state Representative Mary Isaacson (D-Philadelphia) who championed this issue in the House by sponsoring House Bill 22903. House Bill 2290 was moving through the state House before it stalled this Fall. However, it was Representative Isaacson’s language that Senator Langerholc amended into House Bill 2398, with the permission of state Representative Donna Oberlander (R-Clarion), and we were able to get it across the finish line.

Act 130 will go a long way in helping to stem the ever-increasing tide of catalytic converter thefts that have been sweeping across the Commonwealth and will help small automobile dealers avoid the severe financial repercussions associated with catalytic converter theft on their lots. n

Endnotes 1 House Bill 2398 PN 3563 legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&BN=2398 2 Act 130 of 2022 legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2022&sessInd=0&act=130 3 House Bill 2290 PN 2696 legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&BN=2290