SESSION OF 2025 SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2347 As Amended by Senate Committee on Judiciary Brief* HB 2347, as amended, would amend the required culpability of a person obtaining control over stolen property or services and would make the theft of certain motor vehicles a felony. The bill would change the required culpability of a person obtaining control over stolen property or services contained within the theft statute from “knowing” such property or services were stolen from another to a requirement the person “has reason to know” such property or services were stolen from another. The bill would also make theft of a motor vehicle that is valued between $500 and $1,500 a severity level 10 nonperson felony. Background The bill was introduced by the House Committee on Judiciary at the request of a representative of the Wichita Police Department. House Committee on Judiciary In the House Committee hearing, proponent testimony was provided by a representative of the Wichita Police Department and a representative of the Kansas Association ____________________ *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 https://klrd.gov/ of Chiefs of Police, Kansas Peace Officers Association, and Kansas Sheriffs Association. The proponents generally stated the bill would allow prosecutors to prosecute theft by possession as intended, and increasing the penalty on low- value motor vehicle theft is commensurate with the harm done to the victim. No other testimony was provided. The Committee amended the bill by removing the criminal penalty increase for theft of a motor vehicle with a value less than $1,500. Senate Committee on Judiciary In the Senate Committee hearing, proponent testimony was provided by a representative of the Wichita Police Department, a representative of the Kansas Association of Chiefs of Police, Kansas Peace Officers Association, and Kansas Sheriffs Association, and a private citizen. The first two proponents generally expressed the same sentiments as in the House Committee hearing. The private citizen voiced support for stronger initial penalties for all types of criminal activity. Written-only proponent testimony was provided by a representative of the National Insurance Crime Bureau. No other testimony was provided. The Senate Committee amended the bill to reinsert a modified version of the felony penalty for motor vehicle theft that was removed by the House Committee. Fiscal Information According to the fiscal note prepared by the Division of the Budget on the bill, as introduced, the Sentencing 2- 2347 Commission indicates enactment of the bill has the potential to increase prison admissions and the number of prison beds needed; however, a precise estimate of this effect cannot be determined. The Department of Corrections indicates enactment of the bill could increase agency operating expenditures by a negligible amount that could be accommodated within existing resources. The Judicial Branch indicates that enactment of the bill would have a negligible fiscal effect on its operations. Any fiscal effect associated with the bill is not reflected in The FY 2026 Governor’s Budget Report. The Kansas Association of Counties and the League of Kansas Municipalities indicate the bill has the potential to increase local government expenditures on enforcement and legal proceedings; however, a precise estimate of this effect cannot be determined. Theft; culpability; stolen property or services 3- 2347