Session of 2024
Senate Substitute for HOUSE BILL No. 2144
By Committee on Judiciary
3-21
AN ACT concerning crimes, punishment and criminal procedure; creating
the crime of organized retail crime and providing criminal penalties for
violation thereof; relating to theft; increasing penalties for theft of
certain property; relating to the Kansas racketeer influenced and corrupt
organization act; including organized retail crime in the definition of
racketeering activity; relating to the attorney general; authorizing the
attorney general to prosecute specified crimes that are part of an alleged
course of criminal conduct that occurred in two or more counties;
amending K.S.A. 21-5801 and 21-6328 and K.S.A. 2023 Supp. 75-702
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Organized retail crime is any of the following acts
done with intent to permanently deprive the owner of the possession, use
or benefit of the owner's property or services:
(1) Taking merchandise with an aggregate retail market value of
$3,000 or more from one or more retailers within a 12-month period, with
intent to provide, transfer or sell such merchandise to another person;
(2) acting in concert with one or more other persons to receive,
purchase, sell or possess merchandise with an aggregate retail market
value of $3,000 or more within a 12-month period, knowing or believing
such merchandise to have been stolen;
(3) acting as an agent of one or more other persons to take
merchandise with an aggregate retail market value of $3,000 or more from
one or more retailers within a 12-month period, as part of an organized
plan to commit theft; or
(4) recruiting, coordinating, organizing, supervising, directing,
managing or financing one or more other persons to undertake any of the
acts described in paragraphs (1) through (3).
(b) Organized retail crime:
(1) Involving merchandise with an aggregate retail market value of at
least $3,000 but less than $15,000 is a severity level 5, nonperson felony;
and
(2) involving merchandise with an aggregate retail market value of
$15,000 or more is a severity level 4, nonperson felony.
(c) In addition to the venue provided for under any other provision of
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law, a prosecution for organized retail crime may be brought in any county
where at least $1 in aggregate retail market value of merchandise is taken,
received, sold or purchased.
(d) As used in this section:
(1) "Aggregate retail market value" means the total combined value
of merchandise taken, at the price at which the merchandise would
ordinarily be sold by the retailer through legitimate sale or distribution;
(2) "merchandise" means chattels of any type or description
regardless of the value offered for sale in or about a store;
(3) "retailer" means a person or business selling, leasing or
facilitating the sale or lease of merchandise to the public or a business; and
(4) "store" means a place where merchandise is:
(A) Sold or offered to the public for sale at retail; or
(B) leased or offered to the public for lease.
(e) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 2. K.S.A. 21-5801 is hereby amended to read as follows: 21-
5801. (a) Theft is any of the following acts done with intent to
permanently deprive the owner of the possession, use or benefit of the
owner's property or services:
(1) Obtaining or exerting unauthorized control over property or
services;
(2) obtaining control over property or services, by deception;
(3) obtaining control over property or services, by threat;
(4) obtaining control over stolen property or services knowing the
property or services to have been stolen by another; or
(5) knowingly dispensing motor fuel into a storage container or the
fuel tank of a motor vehicle at an establishment in which motor fuel is
offered for retail sale and leaving the premises of the establishment
without making payment for the motor fuel.
(b) Theft of:
(1) Property or services of the value of $100,000 or more is a severity
level 5, nonperson felony, except as provided in subsection (b)(10);
(2) property or services of the value of at least $25,000 but less than
$100,000 is a severity level 7, nonperson felony, except as provided in
subsection (b)(10);
(3) property or services of the value of at least $1,500 but less than
$25,000 is a severity level 9, nonperson felony, except as provided in
subsection (b)(7), (b)(9) or (b)(10);
(4) property or services of the value of less than $1,500 is a class A
nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6),
(b)(7) or (b)(8);
(5) property of the value of less than $1,500 from three separate
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mercantile establishments within a period of 72 hours as part of the same
act or transaction or in two or more acts or transactions connected together
or constituting parts of a common scheme or course of conduct is a
severity level 9, nonperson felony;
(6) property of the value of at least $50 but less than $1,500 is a
severity level 9, nonperson felony if committed by a person who has,
within five years immediately preceding commission of the crime,
excluding any period of imprisonment, been convicted of theft two or
more times;
(7) property that is a firearm of the value of less than $25,000 is a
severity level 9, nonperson felony; and
(8) property that is mail of the value of less than $1,500 from three
separate locations within a period of 72 hours as part of the same act or
transaction or in two or more acts or transactions connected together or
constituting parts of a common scheme or course of conduct is a severity
level 9, nonperson felony;
(9) property, by deception, that is refunds, money or merchandise
from a retailer with an aggregate retail market value of at least $3,000 but
less than $15,000 is a severity level 5, nonperson felony; and
(10) property, by deception, that is refunds, money or merchandise
from a retailer with an aggregate retail market value of $15,000 or more is
a severity level 4, nonperson felony.
(c) As used in this section:
(1) "Aggregate retail market value," "merchandise" and "retailer"
mean the same as defined in section 1, and amendments thereto;
(2) "conviction" or "convicted" includes being convicted of a
violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal
ordinance which that prohibits the acts that this section prohibits;
(2)(3) "mail" means a letter, postal card, package or bag sent through
the United States postal service or other delivery service, or any other
article or thing contained therein;
(3)(4) "regulated scrap metal" means the same as defined in K.S.A.
2023 Supp. 50-6,109, and amendments thereto;
(4)(5) "remote service unit" means the same as defined in K.S.A. 9-
1111, and amendments thereto, and includes, but is not limited to,
automated cash dispensing machines and automated teller machines; and
(5)(6) "value" means the value of the property or, if the property is
regulated scrap metal or a remote service unit, the cost to restore the site of
the theft of such regulated scrap metal or remote service unit to its
condition at the time immediately prior to the theft of such regulated scrap
metal or remote service unit, whichever is greater.
Sec. 3. K.S.A. 21-6328 is hereby amended to read as follows: 21-
6328. As used in the Kansas racketeer influenced and corrupt organization
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act:
(a) (1) "Beneficial interest" means the interest of a person:
(A) As a beneficiary under any trust arrangement pursuant to which a
trustee holds legal or record title to real property for the benefit of such
person; or
(B) under any other form of express fiduciary arrangement pursuant
to which any other person holds legal or record title to real property for the
benefit of such person.
(2) The term "beneficial interest" does not include the interest of a
stock holder in a corporation or the interest of a partner in either a general
partnership or a limited partnership. A beneficial interest shall be deemed
to be located where the real property owned by the trustee is located.
(b) "Covered person" means any person who:
(1) Is a criminal street gang member or criminal street gang associate,
as defined in K.S.A. 21-6313, and amendments thereto;
(2) has engaged in or is engaging in any conduct prohibited by K.S.A.
21-5426, and amendments thereto, human trafficking or aggravated human
trafficking, or K.S.A. 21-6422, and amendments thereto, commercial
sexual exploitation of a child;
(3) has engaged in or is engaging in any conduct prohibited by K.S.A.
21-5703, and amendments thereto, unlawful manufacturing of controlled
substances, or K.S.A. 21-5705, and amendments thereto, unlawful
cultivation or distribution of controlled substances; or
(4) has engaged in or is engaging in any conduct prohibited by K.S.A.
21-6107, and amendments thereto, identity theft or identity fraud.
(c) "Documentary material" means any book, paper, document,
writing, drawing, graph, chart, photograph, phonorecord, magnetic tape,
computer printout, other data compilation from which information can be
obtained or from which information can be translated into usable form, or
other tangible item.
(d) "Enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, union chartered under the laws of
this state, or other legal entity, or any unchartered union, association, or
group of individuals associated in fact although not a legal entity; and it
includes illicit as well as licit enterprises and governmental, as well as
other, entities. A criminal street gang, as defined in K.S.A. 21-6313, and
amendments thereto, constitutes an enterprise.
(e) "Pattern of racketeering activity" means engaging in at least two
incidents of racketeering activity that have the same or similar intents,
results, accomplices, victims or methods of commission or that otherwise
are interrelated by distinguishing characteristics and are not isolated
incidents, provided at least one of such incidents occurred after the
effective date of this act and that the last of such incidents occurred within
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five years, excluding any period of imprisonment, after a prior incident of
racketeering activity.
(f) "Racketeering activity" means to commit, attempt to commit,
conspire to commit or to solicit, coerce or intimidate another person to
commit any:
(1) Felony or misdemeanor violation of: The felony provisions of
K.S.A. 8-1568, and amendments thereto, fleeing or attempting to elude a
police officer; K.S.A. 9-508 et seq., and amendments thereto, Kansas
money transmitter act; article 12a of chapter 17 of the Kansas Statutes
Annotated, and amendments thereto, Kansas uniform securities act; K.S.A.
21-5401, and amendments thereto, capital murder; K.S.A. 21-5402, and
amendments thereto, murder in the first degree; K.S.A. 21-5403, and
amendments thereto, murder in the second degree; K.S.A. 21-5408, and
amendments thereto, kidnapping or aggravated kidnapping; K.S.A. 21-
5412, and amendments thereto; K.S.A. 21-5413, and amendments thereto;
K.S.A. 21-5414, and amendments thereto, domestic battery; K.S.A. 21-
5415, and amendments thereto, criminal threat or aggravated criminal
threat; K.S.A. 21-5420, and amendments thereto, robbery or aggravated
robbery; K.S.A. 21-5421, and amendments thereto, terrorism; K.S.A. 21-
5422, and amendments thereto, illegal use of weapons of mass destruction;
K.S.A. 21-5423, and amendments thereto; K.S.A. 21-5426, and
amendments thereto, human trafficking or aggravated human trafficking;
K.S.A. 21-5428, and amendments thereto, blackmail; K.S.A 21-5510, and
amendments thereto, sexual exploitation of a child; K.S. 21-5601, and
amendments thereto, endangering a child or aggravated endangering a
child; K.S.A. 21-5602, and amendments thereto, abuse of a child; K.S.A.
21-5603, and amendments thereto, contributing to a child's misconduct or
deprivation; K.S.A. 21-5607(b), and amendments thereto, furnishing
alcoholic beverages to a minor for illicit purposes; article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, crimes
involving controlled substances; K.S.A. 21-5801, and amendments thereto,
theft; K.S.A. 21-5803, and amendments thereto, criminal deprivation of
property; K.S.A. 21-5805, and amendments thereto; K.S.A. 21-5807, and
amendments thereto, burglary or aggravated burglary; K.S.A. 21-5812,
and amendments thereto, arson or aggravated arson; K.S.A. 21-5813, and
amendments thereto, criminal damage to property; K.S.A. 21-5814, and
amendments thereto, criminal use of an explosive; K.S.A. 21-5821, and
amendments thereto, giving a worthless check; K.S.A. 21-5823, and
amendments thereto, forgery; K.S.A. 21-5824, and amendments thereto,
making false information; K.S.A. 21-5825, and amendments thereto,
counterfeiting; K.S.A. 21-5826, and amendments thereto, destroying
written instrument; K.S.A. 21-5828, and amendments thereto, criminal use
of a financial card; K.S.A. 21-5838, and amendments thereto, conducting a
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pyramid promotional scheme; K.S.A. 21-5839, and amendments thereto;
section 1, and amendments thereto, organized retail crime; K.S.A. 21-
5903, and amendments thereto, perjury; K.S.A. 21-5904, and amendments
thereto, interference with law enforcement; K.S.A. 21-5905, and
amendments thereto, interference with the judicial process; K.S.A. 21-
5909, and amendments thereto, intimidation of a witness or victim or
aggravated intimidation of a witness or victim; K.S.A. 21-5912, and
amendments thereto, aiding escape; K.S.A. 21-5913, and amendments
thereto, obstructing apprehension or prosecution; K.S.A. 21-5918, and
amendments thereto; K.S.A. 21-6001, and amendments thereto, bribery;
K.S.A. 21-6002, and amendments thereto, official misconduct; K.S.A. 21-
6107, and amendments thereto, identity theft or identity fraud; K.S.A. 21-
6301, and amendments thereto, criminal use of weapons; K.S.A. 21-6302,
and amendments thereto, criminal carrying of a weapon; K.S.A. 21-6303,
and amendments thereto, criminal distribution of firearms to a felon;
K.S.A. 21-6304, and amendments thereto, criminal possession of a
weapon by a convicted felon; K.S.A. 21-6305, and amendments thereto,
aggravated weapons violation by a convicted felon; K.S.A. 21-6306, and
amendments thereto, defacing identification marks of a firearm; K.S.A.
21-6308, and amendments thereto, criminal discharge of a firearm; K.S.A.
21-6310, and amendments thereto, unlawful endangerment; K.S.A. 21-
6312, and amendments thereto; K.S.A. 21-6314, and amendments thereto,
recruiting criminal street gang membership; K.S.A. 21-6315, and
amendments thereto, criminal street gang intimidation; K.S.A. 21-6401,
and amendments thereto, promoting obscenity or promoting obscenity to
minors; K.S.A. 21-6404, and amendments thereto, gambling; K.S.A. 21-
6405, and amendments thereto, illegal bingo operation; K.S.A. 21-6406,
and amendments thereto, commercial gambling; K.S.A. 21-6407, and
amendments thereto, dealing in gambling devices; K.S.A. 21-6408, and
amendments thereto; K.S.A. 21-6409, and amendments thereto, installing
communication facilities for gamblers; K.S.A. 21-6414(a) or (b), and
amendments thereto, unlawful conduct of dog fighting or unlawful
possession of dog fighting paraphernalia; K.S.A. 21-6417(a) or (b), and
amendments thereto, unlawful conduct of cockfighting or unlawful
possession of cockfighting paraphernalia; K.S.A. 21-6419, and
amendments thereto, selling sexual relations; K.S.A. 21-6420, and
amendments thereto, promoting the sale of sexual relations; K.S.A. 21-
6422, and amendments thereto, commercial sexual exploitation of a child;
K.S.A. 21-6501, and amendments thereto, extortion; K.S.A. 21-6502, and
amendments thereto, debt adjusting; K.S.A. 21-6504, and amendments
thereto, equity skimming; K.S.A. 21-6506, and amendments thereto,
commercial bribery; K.S.A. 21-6507, and amendments thereto, sports
bribery; K.S.A. 21-6508, and amendments thereto, tampering with a sports
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contest; K.S.A. 39-720, and amendments thereto, social welfare service
fraud; K.S.A. 40-2,118, and amendments thereto, fraudulent insurance
acts; K.S.A. 41-101 et seq., and amendments thereto, Kansas liquor
control act; K.S.A. 44-5,125, and amendments thereto, workers'
compensation act; K.S.A. 65-1657, and amendments thereto, nonresident
pharmacy registration; K.S.A. 65-3441, and amendments thereto,
hazardous waste; K.S.A. 65-4167, and amendments thereto, trafficking in
counterfeit drugs; article 88 of chapter 74 of the Kansas Statutes
Annotated, and amendments thereto, Kansas parimutuel racing act; or
K.S.A. 79-3321, and amendments thereto, Kansas cigarette and tobacco
products act; or
(2) conduct defined as "racketeering activity" under 18 U.S.C. §
1961(1).
(g) "Real property" means any real property or any interest in such
real property, including, but not limited to, any lease of or mortgage upon
such real property.
(h) (1) "Trustee" means any:
(A) Person acting as trustee pursuant to a trust in which the trustee
holds legal or record title to real property;
(B) person who holds legal or record title to real property in which
any other person has a beneficial interest; or
(C) successor trustee or trustees to any or all of the foregoing persons.
(2) The term "trustee" does not include any person appointed or
acting as a personal representative as defined in K.S.A. 59-102, and
amendments thereto, or appointed or acting as a trustee of any
testamentary trust or as a trustee of any indenture of trust under which any
bonds have been or are to be issued.
(i) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally unenforceable in
this state in whole or in part because the debt was incurred or contracted
in:
(1) Violation of any of the following provisions of law: Article 88 of
chapter 74 of the Kansas Statutes Annotated, and amendments thereto,
Kansas parimutuel racing act; K.S.A. 21-6404, and amendments thereto,
gambling; K.S.A. 21-6405, and amendments thereto, illegal bingo
operation; K.S.A. 21-6406, and amendments thereto, commercial
gambling; K.S.A. 21-6407, and amendments thereto, dealing in gambling
devices; K.S.A. 21-6408, and amendments thereto, unlawful possession of
a gambling device; or K.S.A. 21-6409, and amendments thereto, installing
communication facilities for gamblers; or
(2) gambling activity in violation of federal law or in the business of
lending money at a rate usurious under state or federal law.
Sec. 4. K.S.A. 2023 Supp. 75-702 is hereby amended to read as
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follows: 75-702. (a) The attorney general shall appear for the state, and
prosecute and defend any and all actions and proceedings, civil or
criminal, in the Kansas supreme court, the Kansas court of appeals and in
all federal courts, in which the state shall be interested or a party, and shall,
when so appearing, control the state's prosecution or defense.
(b) The attorney general shall also, when required by the governor or
either branch of the legislature, appear for the state and prosecute or
defend, in any other court or before any officer, in any cause or matter,
civil or criminal, in which this state may be a party or interested or when
the constitutionality of any law of this state is at issue and when so
directed shall seek final resolution of such issue in the supreme court of
the state of Kansas.
(c) (1) The attorney general shall have authority to prosecute any
matter related to a violation of K.S.A. 12-189 or 75-5133, and
amendments thereto, related to unlawful acts when the offender is an
officer or employee of a city or county.
(2) Notwithstanding any provision of law to the contrary, the attorney
general shall have concurrent authority with any county or district attorney
to prosecute theft as defined in K.S.A. 21-5801, and amendments thereto,
a violation of the Kansas racketeer influenced and corrupt organizations
act, K.S.A. 21-6327 et seq., and amendments thereto, or an
(A) The following crimes when they are part of an alleged course of
criminal conduct that occurred in two or more counties: K.S.A. 8-1568,
and amendments thereto, fleeing or attempting to elude a police officer;
K.S.A. 21-5402(a)(2), and amendments thereto, murder in the first degree,
where the inherently dangerous felony is stated in K.S.A. 21-5402(c)(1)
(C), (D), (H), (I), (J), (O), (R) or (S) or (c)(2)(D) through (G), and
amendments thereto; K.S.A. 21-5403, and amendments thereto, murder in
the second degree; K.S.A. 21-5405, and amendments thereto, involuntary
manslaughter; K.S.A. 21-5406, and amendments thereto, vehicular
homicide; K.S.A. 21-5411, and amendments thereto, criminal restraint;
K.S.A. 21-5412, and amendments thereto; K.S.A. 21-5413, and
amendments thereto; K.S.A. 21-5415, and amendments thereto, criminal
threat or aggravated criminal threat; K.S.A. 21-5420, and amendments
thereto, robbery or aggravated robbery; K.S.A. 21-5429, and amendments
thereto, endangerment; K.S.A. 21-5706, unlawful possession of controlled
substances; K.S.A. 21-5708, and amendments thereto, unlawfully
obtaining or selling a prescription-only drug; K.S.A. 21-5801, and
amendments thereto, theft; K.S.A. 21-5803, and amendments thereto,
criminal deprivation of property; K.S.A. 21-5805, and amendments
thereto, unlawful acts involving theft detection shielding devices; K.S.A.
21-5807, and amendments thereto, burglary or aggravated burglary;
K.S.A. 21-5808, and amendments thereto, criminal trespass; K.S.A. 21-
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5813, and amendments thereto, criminal damage to property or
aggravated criminal damage to property; K.S.A. 21-5814, and
amendments thereto, criminal use of an explosive; K.S.A. 21-5821, and
amendments thereto, giving a worthless check; K.S.A. 21-5823, and
amendments thereto, forgery; K.S.A. 21-5828, and amendments thereto,
criminal use of a financial card; K.S.A. 21-5831, and amendments thereto,
warehouse receipt fraud; K.S.A. 21-5832, and amendments thereto,
unauthorized delivery of stored goods; K.S.A. 21-5839, and amendments
thereto, unlawful acts concerning computers; K.S.A. 21-5840, and
amendments thereto, counterfeiting currency; K.S.A. 21-5904, and
amendments thereto, interference with law enforcement; K.S.A. 21-5918,
and amendments thereto, dealing in false identification documents or vital
records identity fraud; K.S.A. 21-6107, and amendments thereto, identity
theft or identity fraud; K.S.A. 21-6108, and amendments thereto, unlawful
possession of a scanning device or reencoder; K.S.A. 21-6201, and
amendments thereto, riot or incitement to riot; K.S.A. 21-6203, and
amendments thereto, disorderly conduct; K.S.A. 21-6207, making an
unlawful request for emergency service assistance; article 63 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto; K.S.A. 21-
6416, and amendments thereto; and K.S.A. 21-6503, and amendments
thereto, deceptive commercial practice; and
(B) any attempt, conspiracy or criminal solicitation as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of such
crimes that is part of an alleged course of criminal conduct that occurred in
two or more counties the crimes described in subsection (c)(2)(A).
Sec. 5. K.S.A. 21-5801 and 21-6328 and K.S.A. 2023 Supp. 75-702
are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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