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BOISE — A person who steals a candy bar or another small item from an Idaho store could no longer be charged with a felony under a bill approved Monday by the Senate Judiciary and Rules Committee.

The bill would create a new crime of commercial burglary for those who enter a store with the intent to steal less than $300 worth of merchandise. Those convicted could receive a misdemeanor with a maximum sentence of six months in jail and a $1,000 fine. Sen. Todd Lakey, R-Nampa, said a misdemeanor is a more appropriate charge than a felony for someone who steals something small.

Entering a place in Idaho with intent to commit any theft or other crime is considered burglary. The state does not distinguish between burglary at a store or during a home invasion. Those convicted can be charged with a felony and sentenced from one to 10 years in prison. Rep. Abby Lee, R-Fruitland, supported the bill but said burglary charges are not often used in cases of petit theft.

The Idaho State Supreme Court weighed in on the issue in 2015 when Ryan Rawlings, who had stolen items from Walmart, appealed a felony burglary charge.