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Bill to roll back 2017 theft penalties draws split testimony on deterrence and prison costs

2732634 · March 21, 2025
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Summary

Senate Bill 19 would reverse portions of a 2017 overhaul and reintroduce jailable penalties and higher fines for some thefts. Retailers, sheriffs and county attorneys supported the change; civil‑liberties and fiscal groups warned it would criminalize poverty and increase incarceration costs.

Senator Barry Usher presented Senate Bill 19 as corrective legislation to reverse parts of House Bill 133 (2017) that, he said, reduced penalties for many theft offenses and unintentionally encouraged repeat retail thefts. The bill would: restore a jailable penalty and higher fine for certain theft thresholds; revise the statutory definition of “common scheme”; and align penalties for related property offenses.

Retail‑industry groups, the Montana Retail Association, chambers of commerce, the Montana Sheriffs and Peace Officers Association and several county…

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