Montana legislators revive theft penalties to discourage retail crime with Senate Bill 19

The Montana Legislature's House Judiciary Committee convened on March 21, 2025, to discuss significant revisions to theft laws, primarily focusing on Senate Bill 19. This bill aims to amend the existing legal framework established by House Bill 133, which was enacted six years ago and has been criticized for inadvertently encouraging theft by imposing minimal penalties.

Senator Usher, the bill's sponsor, emphasized that the previous law allowed individuals to steal up to $1,500 with only a $500 fine, effectively incentivizing criminal behavior. The proposed changes would restore stricter penalties, including a mandatory minimum jail sentence of 30 days for first and second offenses, and fines up to $1,500. For thefts exceeding $1,500, the bill introduces felony charges with penalties of up to $50,000 and a maximum of 10 years in prison.

Supporters of the bill, including representatives from the Montana Retail Association and law enforcement agencies, argued that the current law has led to a significant increase in retail theft and has made it difficult to track repeat offenders. They believe that reinstating harsher penalties will deter theft and protect businesses from losses.

Opponents, including representatives from the ACLU and the Montana Budget and Policy Center, raised concerns that the bill would disproportionately affect low-income individuals committing theft out of necessity. They argued that increasing penalties does not effectively deter crime and could lead to overcrowding in jails, which are already facing capacity issues. They advocated for addressing the root causes of theft, such as poverty and lack of economic opportunities, rather than imposing stricter penalties.

The committee also heard testimony regarding the potential impact on the Office of Public Defender, which expressed concerns about the increased workload and resource demands that could arise from the bill's implementation.

As the discussion concluded, the committee faced a decision on whether to advance Senate Bill 19, which seeks to reshape Montana's approach to theft and criminal accountability. The outcome of this bill could have significant implications for both law enforcement practices and the state's criminal justice system.