SESSION OF 2024
CONFERENCE COMMITTEE REPORT BRIEF
SENATE SUBSTITUTE FOR HOUSE BILL NO. 2144
As Agreed to April 5, 2024
Brief*
Senate Substitute for HB 2144 would establish the crime of organized retail crime 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
Attorney General (AG) authority to prosecute crimes concurrently with county or district
attorneys.
The bill would also create the crime of encouraging suicide and establish penalties for it
under the Kansas Criminal Code.
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:
●Acting in concert with one or more other persons to receive, purchase, sell, or
possess merchandise with an aggregate retail market value of $5,000 or more within
a 12-month period, knowing or believing such merchandise to have been stolen;
●Taking merchandise with an aggregate retail market value of $5,000 or more from 1
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 1
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:
____________________
*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2144 ●Value of at least $5,000 but less than $25,000 would be a severity level 6 nonperson
felony;
●Value of at least $25,000 but less than $100,000 would be a severity level 5
nonperson felony; and
●Value of $100,000 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,” to mean 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;
●“Merchandise,” to mean chattels of any type or description regardless of the value
offered for sale in or about a store;
●“Retailer,” to mean a person or business selling, leasing, or facilitating the sale or
lease of merchandise to the public or a business; and
●“Store,” to 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.
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.
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.
2 - 2144 The bill would modify this authority to specify the AG may concurrently prosecute:
●Organized retail crime and any other crime that is part of such alleged course of
criminal conduct;
●Theft;
●A violation of the Kansas RICO Act; or
●Any attempt, conspiracy, or criminal solicitation of the above crimes.
Encouraging Suicide
The bill would define “encouraging suicide” as knowingly encouraging a person to commit
or attempt to commit suicide when:
●Such person knows the other person has communicated a desire to commit suicide;
●Encouragement of suicide is made proximate in time to the other person committing
or attempting to commit suicide; and
●Such encouragement substantially influences the other person’s decision or methods
used to commit or attempt to commit suicide.
Definitions
The bill would define “attempt to commit suicide” as any physical action done by a person
with the intent to commit suicide.
For purposes of the new crime, the bill would define “encouraging a person to commit or
attempt to commit suicide” as oral, written, or visual communication that is persuasive or
intended to be persuasive and that gives advice to commit suicide, attempt to commit suicide, or
develop a plan to commit suicide.
Penalties
Encouraging suicide would be a severity level 5 person felony if the other person attempts
to commit suicide, and a severity level 4 person felony if the other person commits suicide.
Conference Committee Action
The Conference Committee agreed to the provisions of Senate Sub. for HB 2144, as
passed by the Senate, and further agreed to amend the bill to update the elements of the crime
of organized retail theft, including the monetary limits and severity levels in the tiered penalty,
and remove the penalties for retail theft. The Conference Committee also agreed to add the
contents of Sub. for HB 2676, as passed by the House.
3 - 2144 Background
The Conference Committee added the contents of Sub. for HB 2676, as passed by the
House, to Senate Sub. for HB 2144, as passed by the Senate and further amended by the
Conference Committee.
Senate Sub. for HB 2144 (Organized Retail Crime)
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 amended by the Senate Committee. The background
of SB 415 follows below.
[Note: The contents of HB 2144 as introduced 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 a
representative 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 in 2023 and
the bill 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 [Note: The Conference Committee retained this amendment with modifications.];
and
●Specify what crimes the AG would have concurrent authority to prosecute with county
or district attorneys. [Note: The Conference Committee did not retain th is
amendment.]
4 - 2144 Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to modify the concurrent authority of
the AG to prosecute certain crimes to include the crime of organized retail theft and any other
crime that is part of the alleged course of criminal conduct. [Note: The Conference Committee
retained this amendment.]
HB2676 (Crime of Encouraging Suicide)
The bill was introduced by the House Committee on Judiciary at the request of
Representative Landwehr.
As introduced, the bill would have amended Kansas Criminal Code provisions concerning
the crime of assisting suicide.
House Committee on Judiciary
In the House Committee hearing, proponent testimony was provided by seven private
citizens. The proponents generally stated the bill would help reduce suicide deaths by limiting
the dissemination of harmful information and deter the encouragement of suicide.
Written-only proponent testimony was provided by a representative of the Kansas
Association of Chiefs of Police, Kansas Peace Officers Association, and Kansas Sheriffs
Association and representatives of the Kansas Bureau of Investigation, Kansas Catholic
Conference, and Kansas Mental Health Coalition.
Neutral testimony was provided by a private citizen. The testimony addressed a website
that provides information to help facilitate suicide.
Opponent testimony was provided by a representative of the State Board of Indigents’
Defense Services. The opponent generally stated the bill would raise constitutional concerns
and limit free speech.
The House Committee replaced the original provisions of the bill, which would have
amended the crime of assisted suicide, with language that would create a new crime and would
specifically:
●Make knowingly encouraging suicide a crime under the Kansas Criminal Code [Note:
The Conference Committee retained this amendment.];
●Define “attempt to commit suicide” and “encouraging a person to commit or attempt to
commit suicide” [Note: The Conference Committee retained this amendment.];
●Establish the criteria for knowingly encouraging suicide [Note: The Conference
Committee retained this amendment.]; and
●Establish penalties for encouraging suicide [Note: The Conference Committee
retained this amendment.].
The House Committee recommended a substitute bill incorporating the above provisions.
5 - 2144 Fiscal Information
Senate Sub. for HB 2144 (Organized Retail Crime)
According to the fiscal note prepared by the Division of the 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 3 inmates, $19,132 for 5 inmates, and $26,785
for 7 inmates in FY 2025. For FY 2026, it would cost the SGF $23,418 for 6 inmates, $39,030
for 10 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 would create a new crime, which would increase the time spent
by district court judicial and nonjudicial 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.
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.
HB2676 (Crime of Encouraging Suicide)
A fiscal note for the substitute bill was not available when the Conference Committee
agreed to the Conference Committee Report.
Attorney General; crimes; organized retail crime; suicide; Kansas RICO Act
ccrb_hb2144_01_0405pm.odt
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