Lawmakers in Augusta have advanced a bill that aims to prevent repeat offenders from being charged with felony theft if the stolen property is valued lower than $500.
Currently, Maine law contains what is colloquially known as a “three strikes” provision for theft, imposing harsher penalties upon those who have two or more prior convictions for related crimes.
This bill aims to modify that requirement by applying it only to those whose subsequent offenses involve the theft of more than $500 worth of property.
LD 2246 — An Act to Establish a Minimum Value Threshold for the Class C Crime of Theft by a Repeat Offender — was sponsored by Rep. David A. Sinclair (D-Bath) — was introduced earlier this month in the House as an after deadline piece of legislation.
This bill “stipulates that a person with 2 or more prior convictions may not be charged with a Class C crime if the person commits theft of property with a value of $500 or less.”
To accomplish this, the bill seeks to amend the Maine Criminal Code to include a clause under the definition of theft that prevents someone who has two or more prior convictions for a variety of theft-related offenses for being charged with a Class C crime.
In Maine, a Class C crime is the lowest-level of felony offense, punishable by up to five years in jail and a $5,000 fine.
Click Here to Read the Full Text of LD 2246
According to the fiscal note attached to this bill, implementing a $500 threshold to invoke the state’s three strikes provision would “reduce the number of people convicted for this crime,” although it is “unclear how many fewer additional individuals will be convicted of a Class C crime who otherwise would have been.”
“There may be some minor reduction of workload associated with the minimal number of felony cases that will no longer be filed in the court system,” the fiscal note continues.
It is stated in this attachment that the average cost to the state of incarcerating an individual for a year is $55,203.
Click Here to Read the Fiscal Note for LD 2246
The Criminal Justice and Public Safety Committee was divided along partisan lines with respect to this bill, with all Democrat members voting in support of passage and all Republicans voting in opposition.
Supporting the Committee’s Ought to Pass As Amended reporter were Sen. Pinny Beebe-Center (D-Knox), Rep. Suzanne M. Salisbury (D-Westbrook), Rep. Tavis Rock Hasenfus (D-Readfield), Rep. Michel A. Lajoie (D-Lewiston), Rep. Kristi Michele Mathieson (D-Kittery), and Rep. Nina Azella Milliken (D-Blue Hill).
Signing onto the Committee’s ought Not to Pass report were Rep. Donald J. Ardell (R-Monticello), Sen. Matt Harrington (R-York), Rep. Daniel J. Newman (R-Belgrade), Rep. Robert W. Nutting (R-Oakland), and Rep. Chad Richard Perkins (R-Dover-Foxcroft).
This same division materialized in the House when lawmakers voted in favor of advancing LD 2246 in a roll call vote of 74-61.
In the Senate, this bill passed nearly along partisan lines in a roll call vote of 19-15. All Republican Senators voted against this bill, while most Democrats voted in support.
Joining the Republicans in opposition to LD 2246, however, was Sen. Joe Baldacci (D-Penobscot) and Sen. David LaFountain (D-Kennebec). Sen. Cameron Reny (D-Lincoln) was excused and not present at the time of this vote.
This bill will now face one more vote in both the House and the Senate before being sent to Gov. Janet Mills (D) for a signature.
Instead of lessening the punishment, to decrease your caseload….increase the punishment. A few good examples of people being sent to prison for five years for minor theft, will deter others. Now that they can get away with it, it’ll increase.
How many small businesses own and run by older folks. Alot here in Washington County. Anne Perry did this for you. Fools.
To all the outlet stores in Kittey, your representative Kristi Michele Mathieson just voted to encourage shoplifting. Talk about pissing on your voter base, where do they find these idiots.