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Committee adopts tiered penalties for benefits‑exploitation offense; members flag constitutional and scope concerns

Judicial Proceedings Committee · March 4, 2026

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Summary

The committee adopted an amendment creating graded penalties for a newly defined benefits‑exploitation offense under Senate Bill 140, including reduced penalties for lower‑value incidents and heavier sentences for large‑value conduct; members urged memorializing sentencing concerns in the bill file and noted a commission is reviewing related penalty parity questions.

Senate Bill 140, which would criminalize benefits‑exploitation and set graded penalties based on the aggregate value of funds or goods obtained, was approved by the Judicial Proceedings Committee after sponsors introduced an amendment that creates tiers for maximum penalties.

Under the amendment (SP140/653127/1), theft of less than $1,500 would be punishable by up to one year and/or a $500 fine; theft of at least $1,500 but less than $25,000 would carry up to five years and/or a $10,000 fine; theft of $25,000 up to $100,000 would carry up to 10 years and/or a $15,000 fine; and theft of $100,000 or more would be a higher felony with a maximum of 20 years and/or a $25,000 fine.

Committee members praised the amendment’s tiered approach but compared the bill’s sentencing structure to other recent criminal bills and expressed concern about parity across criminal statutes. One member noted a commission is reviewing criminal penalty structures and suggested the commission’s findings may help align sentencing across statutes. Another member asked that the legislative history and committee discussion be memorialized in the bill file to aid future interpretation.

Following discussion, the committee adopted the amendment and voted to report SB140 favorably; the chair recorded that the bill, as amended, passed unanimously. Members emphasized the amendment’s intent to provide gradation and to help courts impose proportionate sentences where offenses cover a wide range of conduct.