New law will help authorities prosecute metal thieves

Published 8:00 am Wednesday, March 26, 2014

Cass County law enforcers may have some new weapons for their arsenal in the fight against scrap metal theft.

The Michigan legislature passed legislation last week that creates new requirements for metal recycling centers, the location where most scrap metal thieves sell their wares. The bill containing these restrictions had been debated in the state House and Senate for several months before finally being passed by both chambers.

Gov. Rick Snyder, who has been a vocal proponent of cracking down on metal theft, is expected to sign the bill into law.

Here in Cass County, the passage of the law should have an immediate benefit for the investigation and prosecution of metal thieves who have plagued area farmers, residents and businesses over the past decade, said Cass County Prosecutor Victor Fitz.

“Prosecutors, including those in my office, are extremely pleased,” Fitz said. “We don’t feel like it can do everything that can be done to alleviate the problem, but it takes us a long way down the road to where we need to be.”

Among the major provisions of the new law is the requirement that items brought in for sale at metal recyclers be photographed before being melted down, which would allow investigators to help identify stolen property even after the physical evidence is destroyed, Fitz said.

“It’s not an inordinate burden,” Fitz said. “Pawn shops are required to do this as well, since they also frequently deal with stolen goods.”

Another requirement that recyclers must adhere to is that they must mail payments over $25 to a physical address provided by the seller.

“It takes away the anonymity of would-be thieves, while ensuring that law abiding citizens get their money in a timely manner,” Fitz said.

The bill will also call for the creation of a statewide database with information about the seller and description of the sale, which can be accessed by law enforcement and other recyclers.

Fitz and the members of the county prosecutor’s office played a hand in creating the new laws, working with the Prosecuting Attorneys Association of Michigan, the governor’s office and prosecutors with Wayne County to help push the legislation along in Lansing.

“[We] worked with other partners to achieve this legislation, due to the tremendous negative impact scrap metal thieves have had on our agriculture, public works, residents and other businesses,” Fitz said.

The prosecutor’s office has been working with lawmakers for years to push through laws to combat scrap metal theft, providing testimony and case examples of the impact the crime has caused in the region, Fitz said.

One requirement that prosecutors fought for in the bill was a mandatory three-day delay for cash payments. However, this provision was eventually removed from the final bill.

Despite this fact, Fitz said he is optimistic that these reforms will help curb metal theft in the county.

“This will absolutely assist us,” he said. “It will provide police officers with better leads when there is stolen property, and it will provide a chilling effect on those who wish to make an illegal profit at the expense of others.”