Gift Card & Retail Property Crime Penalties

Current law requires mandatory sentencing to at least the minimum of the prescribed range for a person who, within the immediately preceding 4 years, was twice convicted of felony theft from a store and who is once again convicted of felony theft from a store.

The bill requires a state court to sentence a person convicted of burglary, robbery, theft, or a related property crime from or of a store, who was convicted of any 2 of the specified property crimes or comparable municipal offenses from or of a store within the preceding 4 years, to at least the midpoint term for the current offense.

The bill adds language to the existing theft statute clarifying how a gift card's value is determined for purposes of determining the offense level and associated penalty. If the stolen item of value is a gift card, then the value is the full monetary face value or, in the case of a variable load gift card, the maximum potential value, regardless of whether funds have been transferred to the gift card at the time of the theft. The bill adds gift cards to the list of written instruments subject to forgery.

(Note: This summary applies to this bill as introduced.)