Kansas 2025-2026 Regular Session

Kansas House Bill HB2253 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2253
3	3	By Committee on Agriculture and Natural Resources
4	4	Requested by Representatives Schwertfeger and Steele on behalf of the Kansas
5	5	Cattlemen's Association and the Kansas Livestock Association
6	6	2-4
7	7	AN ACT concerning crimes, punishment and criminal procedure; relating
8	8	to theft of property; providing that the violation the theft of livestock or
9	9	implements of husbandry is a severity level 5, nonperson felony;
10	10	allowing for the forfeiture of property used in the commission of theft
11	11	of an implement of husbandry; amending K.S.A. 21-5801 and 22-
12	12	4807a and repealing the existing sections.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 21-5801 is hereby amended to read as follows: 21-
15	15	5801. (a) Theft is any of the following acts done with intent to
16	16	permanently deprive the owner of the possession, use or benefit of the
17	17	owner's property or services:
18	18	(1) Obtaining or exerting unauthorized control over property or
19	19	services;
20	20	(2) obtaining control over property or services, by deception;
21	21	(3) obtaining control over property or services, by threat;
22	22	(4) obtaining control over stolen property or services knowing the
23	23	property or services to have been stolen by another; or
24	24	(5) knowingly dispensing motor fuel into a storage container or the
25	25	fuel tank of a motor vehicle at an establishment in which motor fuel is
26	26	offered for retail sale and leaving the premises of the establishment
27	27	without making payment for the motor fuel.
28	28	(b) Theft of:
29	29	(1) Property or services of the value of $100,000 or more is a severity
30	30	level 5, nonperson felony;
31	31	(2) property or services of the value of at least $25,000 but less than
32	32	$100,000 is a severity level 7, nonperson felony;
33	33	(3) property or services of the value of at least $1,500 but less than
34	34	$25,000 is a severity level 9, nonperson felony, except as provided in
35	35	subsection (b)(7) or (b)(9);
36	36	(4) property or services of the value of less than $1,500 is a class A
37	37	nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6),
38	38	(b)(7) or, (b)(8) or (b)(9);
39	39	(5) property of the value of less than $1,500 from three separate
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74	74	mercantile establishments within a period of 72 hours as part of the same
75	75	act or transaction or in two or more acts or transactions connected together
76	76	or constituting parts of a common scheme or course of conduct is a
77	77	severity level 9, nonperson felony;
78	78	(6) property of the value of at least $50 but less than $1,500 is a
79	79	severity level 9, nonperson felony if committed by a person who has,
80	80	within five years immediately preceding commission of the crime,
81	81	excluding any period of imprisonment, been convicted of theft two or
82	82	more times;
83	83	(7) property that is a firearm of the value of less than $25,000 is a
84	84	severity level 9, nonperson felony; and
85	85	(8) property that is mail of the value of less than $1,500 from three
86	86	separate locations within a period of 72 hours as part of the same act or
87	87	transaction or in two or more acts or transactions connected together or
88	88	constituting parts of a common scheme or course of conduct is a severity
89	89	level 9, nonperson felony; and
90	90	(9) property that is livestock or an implement of husbandry is a
91	91	severity level 5, nonperson felony.
92	92	(c) As used in this section:
93	93	(1) "Conviction" or "convicted" includes being convicted of a
94	94	violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal
95	95	ordinance which prohibits the acts that this section prohibits;
96	96	(2) "implement of husbandry" means the same as defined in K.S.A. 8-
97	97	126, and amendments thereto;
98	98	(3) "livestock" means the same as defined in K.S.A. 22-4807a, and
99	99	amendments thereto;
100	100	(4) "mail" means a letter, postal card, package or bag sent through the
101	101	United States postal service or other delivery service, or any other article
102	102	or thing contained therein;
103	103	(3)(5) "regulated scrap metal" means the same as defined in K.S.A.
104	104	2024 Supp. 50-6,109, and amendments thereto;
105	105	(4)(6) "remote service unit" means the same as defined in K.S.A. 9-
106	106	1111, and amendments thereto, and includes, but is not limited to,
107	107	automated cash dispensing machines and automated teller machines; and
108	108	(5)(7) "value" means the value of the property or, if the property is
109	109	regulated scrap metal or a remote service unit, the cost to restore the site of
110	110	the theft of such regulated scrap metal or remote service unit to its
111	111	condition at the time immediately prior to the theft of such regulated scrap
112	112	metal or remote service unit, whichever is greater.
113	113	Sec. 2. K.S.A. 22-4807a is hereby amended to read as follows: 22-
114	114	4807a. (a) The following property is subject to forfeiture pursuant to this
115	115	act:
116	116	(1) Contraband property used or intended to be used in the
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160	160	commission of theft of livestock or an implement of husbandry;
161	161	(2) the proceeds gained from the commission of theft of livestock or
162	162	an implement of husbandry;
163	163	(3) personal property acquired with proceeds gained from the
164	164	commission of theft of livestock or an implement of husbandry;
165	165	(4) all conveyances, including aircraft, vehicles, vessels, horses or
166	166	dogs which that are used or intended for the use to transport or in any
167	167	manner to facilitate the transportation for the purpose of the commission of
168	168	theft of livestock or an implement of husbandry. No conveyance used by
169	169	any person as a common carrier in the transportation of business as a
170	170	common carrier is subject to forfeiture under this section unless it appears
171	171	that the owner or other person in charge of the conveyance is a consenting
172	172	party or privy to a violation of this act. No conveyance is subject to
173	173	forfeiture under this section by reason of any act or omission established
174	174	by the owners thereof to have been committed or omitted without the
175	175	owners knowledge or consent. A forfeiture of a conveyance encumbered
176	176	by a bona fide security interest is subject to the interest of the secured
177	177	party or parties;
178	178	(5) all books, records and research products and materials including
179	179	microfilm, tapes and data which, whether in a physical or electronic
180	180	format, that are used or intended for the use in the theft of livestock or an
181	181	implement of husbandry;
182	182	(6) everything of value furnished, or intended to be furnished, or
183	183	traded or used as payment or invested for anything of value but shall not
184	184	include real property. It may be presumed that this property was acquired
185	185	with proceeds gained from the commission of theft of livestock or an
186	186	implement of husbandry and are subject to forfeiture.
187	187	(b) Property which that is used in the commission of theft of
188	188	livestock which or an implement of husbandry that has title of ownership
189	189	with two parties on the title or a cosigner is subject to forfeiture, if one
190	190	party on the title uses the property in the commission of theft of livestock
191	191	or an implement of husbandry or receives titled property as the proceeds of
192	192	such felony even if the second party claims that such second party did not
193	193	have knowledge or involvement in such felony.
194	194	(c) As used in this act:
195	195	(1) "Contraband property" means property of any nature including
196	196	personal, tangible or intangible but shall does not include real property.
197	197	(2) "Domesticated deer" means any member of the family cervidae
198	198	that was legally obtained and is being sold or raised in a confined area
199	199	for:
200	200	(A) Breeding stock;
201	201	(B) any carcass, skin or part of such animal;
202	202	(C) exhibition; or
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246	246	(D) companionship.
247	247	(3) "Implement of husbandry" means the same as defined in K.S.A. 8-
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249	249	(4) "Livestock" means cattle, swine, sheep, goats, horses, mules,
250	250	domesticated deer and all creatures of the ratite family that are not
251	251	indigenous to this state, including, but not limited to, ostriches, emus and
252	252	rheas, and any carcass, skin or part of such animal.
253	253	(3)(5) "Theft of livestock" means theft which is classified as a felony
254	254	violation, pursuant to K.S.A. 21-5801(b)(9), and amendments thereto, in
255	255	which the property taken was livestock.
256	256	(4) "Domesticated deer" means any member of the family cervidae
257	257	which was legally obtained and is being sold or raised in a confined area
258	258	for breeding stock; for any carcass, skin or part of such animal; for
259	259	exhibition; or for companionship.
260	260	Sec. 3. K.S.A. 21-5801 and 22-4807a are hereby repealed.
261	261	Sec. 4. This act shall take effect and be in force from and after its
262	262	publication in the statute book.
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