AUGUSTA — Gov. Janet Mills on Tuesday vetoed a bill that would have eliminated Maine’s three strikes law against retail thefts, saying it would make the state an outlier in New England.

In issuing her second veto of the second session, Mills, a former prosecutor, also pointed at the bill’s late introduction and fast-track approval, noting the bill was printed on March 5 – only two days before the public hearing. She said more time and input, including from the Criminal Law Advisory Commission, a group appointed by the attorney general, are needed before moving forward.

“Since enactment, I have heard from Maine-based retailers upset at this proposed change who fear their losses will only grow if this bill becomes law,” Mills said in her April 9 veto letter. “If we are going to make changes to our criminal code, there should be broad input from those impacted and a thorough review by CLAC before moving ahead.”

L.D. 2246, sponsored by Rep. David Sinclair, D-Bath, would prohibit charging a person who already has at least two prior theft convictions with a Class C felony if the third theft is of property valued at $500 or less. Current law allows a felony charge for the third conviction if all three occur within a 10-year period.

House Republicans argued the bill would increase retail theft and smash-and-grab crimes, while Democrats argued that felony charges for petty thefts are extreme, and that a felony conviction for such crimes would make it more difficult for someone to find housing and employment.

Mills said the Department of Public Safety noted an increase in retail thefts from 2021-22, and a December 2023 report by Forbes ranked Maine the third worst in the nation for retail thefts.

“This is a serious problem in Maine and L.D. 2246 will do nothing to help,” Mills said. “In fact, it’s arguable that it will make it worse.”

Mills noted that Vermont is the only state in New England that doesn’t consider prior retail thefts in deciding whether to charge someone with a felony for petty theft and that state recently advanced a bill to toughen its retail theft laws.

It’s unclear when lawmakers will take up the veto.

The bill cleared both chambers with a simple majority – well short of the two-thirds threshold needed to overturn a veto.

Mills used her first veto of the second session last week against a Democratic bill to crackdown on noncompete agreements between workers and employers. Lawmakers sustained that veto.

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