Session of 2023
SENATE BILL No. 73
By Committee on Judiciary
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AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes involving property; burglary and aggravated burglary; adding
domestic battery and violation of a protection order to the list of crimes
a person has intent to commit; amending K.S.A. 2022 Supp. 21-5807
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-5807 is hereby amended to read as
follows: 21-5807. (a) Burglary is, without authority, entering into or
remaining within any:
(1) (A) Dwelling, with intent to commit a felony, theft, domestic
battery, violation of a protection order or sexually motivated crime
therein; or
(B) locked or secured portion of any dwelling, with intent to commit
a felony, theft, domestic battery, violation of a protection order or sexually
motivated crime therein;
(2) (A) building, manufactured home, mobile home, tent or other
structure which is not a dwelling, with intent to commit a felony, theft,
domestic battery, violation of a protection order or sexually motivated
crime therein; or
(B) locked or secured portion of any building, manufactured home,
mobile home, tent or other structure which is not a dwelling, with intent to
commit a felony, theft, domestic battery, violation of a protection order or
sexually motivated crime therein; or
(3) vehicle, aircraft, watercraft, railroad car or other means of
conveyance of persons or property, with intent to commit a felony, theft,
domestic battery, violation of a protection order or sexually motivated
crime therein.
(b) Aggravated burglary is, without authority, entering into or
remaining within any:
(1) (A) Dwelling in which there is a human being, with intent to
commit a felony, theft, domestic battery, violation of a protection order or
sexually motivated crime therein; or
(B) locked or secured portion of any dwelling in which there is a
human being, with intent to commit a felony, theft, domestic battery,
violation of a protection order or sexually motivated crime therein;
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(2) (A) building, manufactured home, mobile home, tent or other
structure which is not a dwelling in which there is a human being, with
intent to commit a felony, theft, domestic battery, violation of a protection
order or sexually motivated crime therein; or
(B) locked or secured portion of any building, manufactured home,
mobile home, tent or other structure which is not a dwelling in which there
is a human being, with intent to commit a felony, theft, domestic battery,
violation of a protection order or sexually motivated crime therein; or
(3) vehicle, aircraft, watercraft, railroad car or other means of
conveyance of persons or property in which there is a human being, with
intent to commit a felony, theft, domestic battery, violation of a protection
order or sexually motivated crime therein.
(c) (1) Burglary as defined in:
(A) (i) Subsection (a)(1) is a severity level 7, person felony, except as
provided in subsection (c)(1)(B);
(ii) subsection (a)(2) is a severity level 7, nonperson felony, except as
provided in subsection (c)(1)(B); and
(iii) subsection (a)(3) is a severity level 9, nonperson felony, except
as provided in subsection (c)(1)(B); and
(B) (i) subsection (a)(1), with intent to commit the theft of a firearm,
is a severity level 5, person felony; and
(ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a
firearm, is a severity level 5, nonperson felony.
(2) Aggravated burglary as defined in:
(A) Subsection (b)(1) is a severity level 4, person felony; and
(B) subsection (b)(2) or (b)(3) is a severity level 5, person felony.
(d) As used in this section, "sexually motivated" means that one of
the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification.
(e) This section shall not apply to any person entering into or
remaining in a retail or commercial premises at any time that it is open to
the public after having received a personal communication from the owner
or manager of such premises not to enter such premises pursuant to K.S.A.
2022 Supp. 21-5808, and amendments thereto, except when such person is
entering into or remaining in such premises with the intent to commit a
person felony or sexually motivated crime therein.
Sec. 2. K.S.A. 2022 Supp. 21-5807 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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