State Senate Passes Bill Raising Felony Threshold

A bill raising the felony threshold for larceny from $250 to $1,500 was passed in the Massachusetts State Senate on Thursday.

One of the senators who approved of the bill was Somerville’s Pat Jehlen, who hopes it will allow people to “get their lives back on track.”

“We attach hundreds of collateral consequences that significantly limit employment and housing opportunities to those we label convicted felons,” Senator Jehlen said in a statement. “This label should be reserved for the most serious crimes. Changing the law lets us sanction those who break the law appropriately without allowing one transgression to derail a person’s entire future.”

Stolen property below $250 results is a misdemeanor, but anything above leads to a felony charge, with a maximum penalty of five years in state prison or a fine of $25,000. According to the FY13 Survey of Sentencing Practices, most larceny cases are resolved without conviction, and those that are average 6 months of incarceration.

The threshold was last changed from $100 to $250 in 1987. If the bill passes, Massachusetts would join 30 other states with larceny thresholds above $1,000.

“If you stole, you know, like a cellphone, that would be a felony,” said Lew Finfer of the Jobs Not Jails Coalition, according to the State House News Service. “Now at $1,500, it’s something you would think is more appropriate.”

Felony charges in Massachusetts cannot be sealed until 10 years after the guilty sentence, whereas a misdemeanor charge can be sealed after five years.

“As part of the Senate’s continued focus on reforming our criminal justice system, this legislation will implement appropriate thresholds for crimes committed and allow offenders who made a mistake an easier path to get back on their feet,” said Senate President Stan Rosenberg in a statement.

Opposition to the bill came from the Retailers Association of Massachusetts, according to the State House News Service. Association President Jon Hurst said the estimated cost in stolen property is $750 million, which could potentially account for $46.8 million in lost sales tax.

In February, a Pew Research study of 30 states who changed their larceny thresholds since 2001 found no impact on overall property crime or larceny rates.

State Senator Sonia Chang-Diaz successfully attached an amendment to the bill which raises the threshold for shoplifting offenses. Also addressed in the bill are felony thresholds for malicious destruction of property, credit card fraud and receiving stolen property.

The bill will now head to the Massachusetts House of Representatives for approval.