Senate Substitute for HOUSE BILL No. 2144
AN ACT concerning crimes, punishment and criminal procedure; creating the crimes of
encouraging suicide and organized retail crime and providing criminal penalties for
violation thereof; 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. 21-6328 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) Encouraging suicide is knowingly encouraging
another person to commit or attempt to commit suicide when the person
knows that such other person has communicated a desire to commit
suicide and such encouragement:
(1) Is made proximate in time to the other person committing or
attempting to commit suicide; and
(2) substantially influences the other person's decision or methods
used to commit or attempt to commit suicide.
(b) Encouraging suicide is a:
(1) Severity level 5, person felony if the other person attempts to
commit suicide; and
(2) severity level 4, person felony if the other person commits
suicide.
(c) As used in this section:
(1) "Attempt to commit suicide" means any physical action done
by a person with the intent to commit suicide; and
(2) "encouraging a person to commit or attempt to commit
suicide" means 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.
(d) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 2. (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) Acting in concert with one or more other persons to:
(A) 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; or
(B) take merchandise with an aggregate retail market value of
$5,000 or more from one or more retailers within a 12-month period, as
part of an organized plan to commit theft; or
(2) recruiting, coordinating, organizing, supervising, directing,
managing or financing one or more other persons to undertake any of
the acts described in paragraph (1).
(b) Organized retail crime:
(1) Involving merchandise with an aggregate retail market value
of at least $5,000 but less than $25,000 is a severity level 6, nonperson
felony;
(2) involving merchandise with an aggregate retail market value of
at least $25,000 but less than $100,000 is a severity level 5, nonperson
felony; and
(3) involving merchandise with an aggregate retail market value of
$100,000 or more is a severity level 4, nonperson felony.
(c) In addition to the venue provided for under any other provision
of 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; Senate Substitute for HOUSE BILL No. 2144—page 2
(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. 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 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 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 Senate Substitute for HOUSE BILL No. 2144—page 3
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 pyramid
promotional scheme; K.S.A. 21-5839, and amendments thereto; section
2, 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- Senate Substitute for HOUSE BILL No. 2144—page 4
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 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
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 Senate Substitute for HOUSE BILL No. 2144—page 5
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 the following crimes when they are part of an alleged
course of criminal conduct that occurred in two or more counties:
(A) Organized retail crime as defined in section 2, and
amendments thereto, and any other crime that is part of such alleged
course of criminal conduct;
(B) theft as defined in K.S.A. 21-5801, and amendments thereto;
(C) violations of the Kansas racketeer influenced and corrupt
organizations act, K.S.A. 21-6327 et seq., and amendments thereto;
and
(D) 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), (c)(2)(B) or (c)(2)(C). Senate Substitute for HOUSE BILL No. 2144—page 6
Sec. 5. K.S.A. 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.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.