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Center for Media and Democracy Alec Model Legislation Mandatory Sentencing for Repeated Felony Theft From a Retail Store Act With Analysis

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Model Legislation

Public Safety and Elections

Mandatory Sentencing for Repeated Felony Theft From a Retail
Store Act

Section 1. Any person convicted of felony theft from a retail store, who within the

immediately preceding four years was twice convicted of felony theft from a retail store,
shall be sentenced to at least the minimum term provided for such offense.

Section 2. A person convicted under this section shall not be eligible for probation or
suspension of sentence.

Adopted by ALEC's Criminal Justice Task Force at the States and Nation Policy Summit
December 11, 2003. Approved by full ALEC Board of Directors January, 2004.

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Center for Media
and Democracy's
quick analysis
This is part of a set of bills favored by corporations to increase criminal penalties for retail theft. This bill
in particular reduces a judge's discretion in sentencing by requiring a mandatory minimum sentence. It
takes away the judge's ability to impose alternate or lesser punishments based on the individual
circumstances of a particular case. This bill would benefit large retailers such as Wal-Mart, which sits on
the ALEC Private Sector board.