Committee hears push to reverse 2017 theft changes as retailers, law enforcement back SB19; advocates warn of jail expansions

Senate Bill 19, described by its sponsor as a roll‑back of changes enacted in 2017, drew competing testimony Thursday about whether tougher theft penalties would reduce retail crime or simply increase incarceration of poor people.

Sponsor Sen. Barry Usher told the House Judiciary Committee the bill restores higher penalties for theft and removes the dollar threshold from the statute’s “common scheme” definition. He said House Bill 133 in 2017 unintentionally incentivized criminals because misdemeanor penalties were limited — creating a situation in which organized thieves could steal up to a threshold and face only small fines.

Retail interests, convenience‑store and petroleum associations, sheriffs and many county attorneys spoke in support. Brad Griffin of the Montana Retail Association and Kevin Downs, Lewis & Clark County attorney, argued that the 2017 law made many thefts non‑jailable and that prosecutors and investigators lacked a workable deterrent. “We wouldn’t have our beer locked up in the case of some stores if they weren’t being stolen,” Griffin told the committee, supporting a tougher statutory response.

Opponents included the ACLU of Montana, the Montana Budget & Policy Center, Catalyst Montana and others who said the measure would expand jail use for low‑level, nonviolent thefts often tied to poverty, substance use or homelessness. Nicole Gomez of Catalyst highlighted Missoula judges’ observations that many first‑time thefts involve small‑value items such as food or diapers, and said jailing those people does not address the root causes of theft.

Officials from the Department of Corrections and the Office of the State Public Defender offered technical testimony about expected workload and costs. The state public defender estimated added workload equivalent to several full‑time positions if county jail time is reintroduced for first‑offense thefts; the fiscal note accompanying the bill projects additional costs to counties and the state.

Committee members asked whether increased penalties deter theft and how the change would affect county jail capacity. Supporters said lifting the misdemeanor‑only ceiling would help deter organized retail theft rings and allow prosecutors to track repeat offenders; opponents said evidence shows penalties alone rarely reduce property crime and warned of overcrowded jails and strain on county budgets. The committee closed the SB19 hearing without taking a vote.