Fewer people accused of larceny and other property offenses would face felony charges if the Massachusetts Senate has its way.
The Senate passed a bill Thursday raising the threshold of a felony charge from $250 to $1,500.
In a statement released Thursday, Senate President Stanley C. Rosenbergโs spokesman, Peter Wilson, wrote that under current law, larceny under $250 is a misdemeanor while a theft of more is considered a felony.
โThe theft of a full cart of groceries or a smartphone can leave someone with a felony offense for larceny on their record for years,โ Wilson wrote. โIn addition to covering larceny, the bill addresses felony thresholds for malicious destruction of property, credit-card fraud, receiving stolen property and shoplifting.โ
The threshold has not been updated since 1987, and the $1,500 level is not a historic high when inflation is taken into consideration, Wilson wrote.
In 1906, the cutoff was set at $100, which was worth about $2,400 in todayโs dollars.
Rosenberg, D-Amherst, said the bill continued the legislative bodyโs focus on reforming the criminal justice system.
โThis legislation will implement appropriate thresholds for crimes committed and allow offenders who made a mistake an easier path to get back on their feet,โ Rosenberg wrote in a statement. โThis is a perfect example of how the Legislature must continue to review and revise our laws and adopt common sense reforms, to align ourselves with current best practices.โ
Wilson wrote that the bill would not affect incarceration rates. Most felony larcenies are resolved without conviction and of those that do reach the level of a conviction, only half are incarcerated, he wrote. The average for those receiving a house of correction sentence is six months, according to Wilson.
โThe real impact of the bill will be in the post-conviction context,โ Wilson wrote. โPeople have to wait much longer for felonies to age off their visible criminal record. Felonies cannot be sealed until 10 years have passed, but misdemeanors can be sealed in five and are not included in standard criminal record reports after five years.โ
The bill now goes to the House of Representatives.
Dave Eisenstadter can be reached at deisen@gazettenet.com.
