Maine Legislature moves to prevent felony-level charges for petty theft

The Maine Legislature this week approved a bill to prevent felony-level charges from being brought against someone with multiple theft convictions if their most recent offense is for petty theft. 

Under LD 2246, Class C criminal charges — which can come with up to five years in prison and a $5,000 fine — could not be brought against someone with multiple theft or burglary convictions if the value of stolen property is $500 or less. Such charges could still be levied if the stolen property exceeded that amount. 

The measure would end — for petty theft — a three strike rule in which people can be charged with Maine’s equivalent of a felony for their third conviction. 

The bill, sponsored by Rep. David Sinclair (D-Bath), passed the House on Monday on a 74-61 vote. The Senate followed suit on Wednesday, approving the legislation 19-15 on a mostly party-line vote, with Democratic Sens. Joe Baldacci of Penobscot County and David LaFountain of Kennebec County joining Republicans in opposition.   

During debate on the bill, Republicans claimed the measure would increase organized crime and make it easier for people to steal less expensive items from businesses. 

And multiple Republican senators fretted that if the bill passed, Maine would become “the next California,” which they painted as being dangerous and overrun by crime.

In both chambers, Democrats pushed back on what they said were misconceptions about the proposal.

Sinclair said the bill doesn’t make it easier to commit theft. Instead, he argued it would simply ensure that those who engage in petty theft aren’t punished with a potential multi-year prison sentence and don’t face the stigma that many incarcerated people experience when trying to access housing and other necessities. 

“What this legislation does is seek to make sure we are only imposing the worst outcomes on those who actually commit the worst offenses,” he said.