SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2144
As Recommended by Senate Committee on
Judiciary
Brief*
Senate Sub. for HB 2144 would establish the crime of
organized retail crime and establish penalties for certain
types of theft from retailers in the Kansas Criminal Code,
make organized retail crime a type of “racketeering activity”
under the Kansas Racketeer Influenced and Corrupt
Organization (RICO) Act, and amend law concerning the
Attorney General (AG)’s authority to prosecute crimes
concurrently with county or district attorneys.
Organized Retail Crime
The crime of organized retail crime would be committing
one of the following acts with the intent to permanently
deprive the owner of the possession, use, or benefit of the
owner’s property or services:
●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;
●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;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org ●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
●Recruiting, coordinating, organizing, supervising,
directing, managing, or financing one or more other
persons to undertake any of the above mentioned
actions.
Tiered Penalty
The bill would establish that the penalty for organized
retail crime would be based upon the aggregate retail market
value of the involved merchandise as follows:
●Value of at least $,3000 but less than $15,000
would be a severity level 5, nonperson felony; and
●Value of $15,000 or more would be a severity level
4, nonperson felony.
Venue
The bill would allow for the venue for prosecution to be
any venue currently available under any other provision of
law or any county where at least $1 in aggregate retail market
value of merchandise is taken, received, stolen, or
purchased.
Definitions
The bill would define terms used in the crime of
organized retail crime, including:
●“Aggregate retail market value” would mean the
total combined value of merchandise taken, at the
price at which the merchandise would ordinarily be
2- 2144 sold by the retailer through legitimate sale or
distribution;
●“Merchandise” would mean chattels of any type or
description regardless of the value offered for sale
in or about a store;
●“Retailer” would mean a person or business selling,
leasing, or facilitating the sale or lease of
merchandise to the public or a business; and
●“Store” would mean a place where merchandise is
sold or offered to the public for sale at retail or
leased or offered to the public for lease.
Penalties for Retail Theft
The bill would also establish penalties for theft of
property, by deception, that includes refunds, money, or
merchandise from a retailer with an aggregate retail market
value of:
●$3,000 but less than $15,000, would be a severity
level 5, nonperson felony; and
●$15,000 or more would be a severity level 4,
nonperson felony.
The bill would specify the penalties provided for theft
based on value in continuing law would not apply when this
type of theft is committed.
Kansas Racketeer Influenced Corrupt Organization Act
The bill would amend the definition of “racketeering
activity” in the Kansas RICO Act to include the crime of
organized retail crime.
3- 2144 Attorney General Concurrent Authority to Prosecute
The bill would amend the AG’s authority to prosecute
certain crimes concurrently with any county or district
attorney. Current law provides the AG may concurrently
prosecute theft, a violation of the Kansas RICO Act, or any
attempt, conspiracy, or criminal solicitation of such crimes
that is part of an alleged course of criminal conduct that
occurred in two or more counties. The bill would provide this
concurrent authority would extend to certain specified crimes
(or attempt, conspiracy, or criminal solicitation for such
crimes) when they are part of an alleged course of criminal
conduct that occurred in two more counties. The specified
crimes for which the AG may have concurrent authority to
prosecute include:
●Uniform Act Regulating Traffic:
○KSA 8-1568, fleeing or attempting to elude a
police officer;
●Crimes Against Persons:
○KSA 21-5402(a)(2), murder in the first degree
committed in the commission of, attempt to
commit, or flight from certain inherently
dangerous felonies;
○KSA 21-5403, murder in the second degree;
○KSA 21-5405, involuntary manslaughter;
○KSA 21-5406, vehicular homicide;
○KSA 21-5411, criminal restraint;
○KSA 21-5412, assault or aggravated assault;
assault or aggravated assault of a law
enforcement officer;
○KSA 21-5413, battery or aggravated battery;
battery or aggravated battery against certain
persons;
○KSA 21-5415, criminal threat or aggravated
criminal threat;
4- 2144 ○KSA 21-5420, robbery or aggravated robbery;
and
○KSA 21-5429, endangerment;
●Crimes Involving Controlled Substances:
○KSA 21-5706, unlawful possession of
controlled substances; and
○KSA 21-5708, unlawfully obtaining or selling a
prescription-only drug;
●Crimes Involving Property:
○KSA 21-5801, theft;
○KSA 21-5803, criminal deprivation of property;
○KSA 21-5805, unlawful acts involving theft
detection shielding devices;
○KSA 21-5807, burglary or aggravated
burglary;
○KSA 21-5808, criminal trespass;
○KSA 21-5813, criminal damage or aggravated
criminal damage to property;
○KSA 21-5814, criminal use of an explosive;
○KSA 21-5821, giving a worthless check;
○KSA 21-5823, forgery;
○KSA 21-5828, criminal use of a financial card;
○KSA 21-5831, warehouse receipt fraud;
○KSA 21-5832, unauthorized delivery of stored
goods;
○KSA 21-5839, unlawful acts concerning
computers; and
○KSA 21-5840, counterfeiting currency;
●Crimes Affecting Government Functions:
○KSA 21-5904, interference with law
enforcement; and
5- 2144 ○KSA 21-5918, dealing in false identification
documents or vital records identity fraud;
●Crimes Involving Violations of Personal Rights:
○KSA 21-6107, identity theft or identity fraud;
and
○KSA 21-6108, unlawful possession of a
scanning device or reencoder [Note: A
“reencoder” is an electronic device that places
encoded information from the magnetic strip
or stripe of a payment card onto the magnetic
strip or stripe of a different payment card.];
●Crimes Against the Public Peace:
○KSA 21-6201, riot or incitement to riot;
○KSA 21-6203, disorderly conduct; and
○KSA 21-6207, making an unlawful request for
emergency service assistance;
●Crimes Against the Public Safety:
○All crimes against the public safety as listed in
Article 63 of Chapter 21, KSA 21-6301
through KSA 21-6326;
●Crimes Against the Public Morals:
○KSA 21-6416, harming or killing certain dogs;
and
●Crimes Affecting Business:
○KSA 21-6503, deceptive commercial practice.
Background
The Senate Committee on Judiciary removed the
original contents of HB 2144, concerning amendments to the
statutory rule against perpetuities, and recommended a
substitute bill incorporating the provisions of SB 415, as
6- 2144 amended by the Senate Committee. The background of SB
415 follows below.
[Note: The original contents of HB 2144 were inserted in
HB 2172 and enacted into law during the 2023 Legislative
Session.]
SB 415
SB 415 was introduced by the Senate Committee on
Judiciary at the request of the Office of the AG (OAG).
Senate Committee on Judiciary
In the Senate Committee hearing on March 12, 2024,
the AG and a representative of the Kansas Chamber provided
proponent testimony, stating generally the bill is needed to
effectively prosecute rising cases of organized retail theft.
Written-only proponent testimony was provided by
representatives of Walmart and the Wichita Regional
Chamber of Commerce.
A representative of the Board of Indigents’ Defense
Services (BIDS) provided opponent testimony, stating the bill
is unnecessary because related legislation was enacted last
session and would target vulnerable people rather than
ringleaders of crime.
No other testimony was provided.
The Senate Committee amended the bill to establish a
tiered penalty based upon the aggregate retail market value
of the retail theft and to specify what crimes the AG would
have concurrent authority to prosecute with county or district
attorneys.
7- 2144 Fiscal Information
According to the fiscal note prepared by the Division of
Budget on SB 415, as introduced, the Kansas Sentencing
Commission estimates enactment of the bill would result in an
increase of three, five, or seven adult prison beds needed by
the end of FY 2025. By the end of FY 2034, 9, 17, or 23
additional beds would be needed. The current estimated
available bed capacity is 9,668 for males and 932 for
females. Based upon the Commission’s most recent 10-year
projection contained in its FY 2024 Adult Inmate Prison
Population Projections report, it is estimated the year-end
population will total 8,556 male and 828 female inmates in FY
2024 and 8,847 male and 870 female inmates in FY 2025.
The Department of Corrections indicates the cost to
house the additional inmates would cost the State General
Fund (SGF) $11,479 for three inmates, $19,132 for five
inmates, and $26,785 for seven inmates in FY 2025. For FY
2026, it would cost the SGF $23,418 for six inmates, $39,030
for ten inmates, and $54,641 for 14 inmates.
The OAG states that it would require 2.5 FTE positions
at a cost of $240,000 from the SGF for FY 2025 and
$252,000 for FY 2026. The OAG would need 1.0 legal
assistant position and 1.5 attorney FTE positions to prosecute
crimes as required by the bill.
The Office of Judicial Administration states the bill could
increase the number of cases filed in district courts because
the bill creates a new crime, which would increase the time
spent by district court judicial and non-judicial personnel in
processing, researching, and hearing cases. Enactment of
the bill could also increase the collection of docket fees
deposited into the SGF. However, a precise fiscal effect
cannot be estimated. Any fiscal effect associated with the bill
is not reflected in The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties states the bill could
have a fiscal effect on counties if cases are initiated at the
local level; however, a fiscal effect cannot be estimated.
8- 2144 The League of Kansas Municipalities indicates the bill
would increase expenditures for cities because it would
require law enforcement agencies to provide training and
enforcement of the Kansas RICO Act, but states the
additional expenditures would be negligible.
Attorney General; crimes; organized retail crime
9- 2144