Committee advances technical fix so municipal shoplifting convictions count toward enhanced penalties
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Summary
Senate Bill 2257 clarifies that prior municipal ordinance convictions for theft or equivalent offenses count when enhancing penalties for repeated shoplifting within three years; the committee recommended a due pass after supporters said court decisions had created a loophole.
The committee considered Senate Bill 2257, a technical amendment intended to make clear that prior municipal convictions for theft or equivalent ordinance violations count as prior offenses when calculating enhanced shoplifting penalties.
Senator Yana Bridal introduced the short bill and indicated she would not answer detailed questions because she had filed it on behalf of others. Stephanie Ingebretson of the North Dakota League of Cities explained the purpose: a 2023 district-court ruling had found that municipal convictions were not being counted as prior offenses under the current statutory language. "What we're requesting is that clarification," Ingebretson said, explaining the proposed insertion of language such as "or equivalent ordinance" to match how other statutes are written and to mirror how DUI enhancements treat municipal convictions.
Mike Rood of the North Dakota Retail Association said retailers supported the fix, saying it carried out the intent of a 2021 legislative change that structured graduated penalties for repeated shoplifting (class B misdemeanor first offense; class A misdemeanor for second–fourth offenses within three years; class C felony for fifth or subsequent within three years).
After brief discussion the committee voted to recommend the bill do pass.