Kansas 2025 2025-2026 Regular Session

Kansas House Bill HB2347 Comm Sub / Analysis

Filed 03/28/2025

                    SESSION OF 2025
CONFERENCE COMMITTEE REPORT BRIEF
 HOUSE BILL NO. 2347
As Agreed to March 25, 2025
Brief*
HB 2347 would amend and create laws related to the crimes of theft, buying sexual 
relations, criminal use of a financial card, and unlawful use of a laser pointer.
The bill would make technical amendments to remove outdated statutory references and to 
ensure consistency in statutory phrasing.
Theft—Culpability and Motor Vehicles
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 also would make theft of a motor vehicle that is valued between $500 and $1,500 a 
severity level 10 nonperson felony. 
Buying Sexual Relations
The bill would increase criminal penalties and amend laws concerning diversion 
agreements for buying sexual relations, require certain offenders to complete an educational or 
treatment program regarding commercial sexual exploitation, and require the Attorney General 
(AG) to approve such programs in consultation with the Office of Judicial Administration (OJA).
Educational or Treatment Programs Regarding Commercial Sexual Exploitation
The bill would require, prior to July 1, 2026, the AG, in consultation with OJA, to approve 
one or more educational or treatment programs regarding commercial sexual exploitation.
____________________
*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 https://klrd.gov/
1 - 2347  The bill would require the AG to adopt rules and regulations governing the educational or 
treatment programs on or before January 1, 2026. The bill would require the rules and 
regulations to include, but not be limited to:
●Criteria for the evaluation, approval, and monitoring of such programs;
●Any form required to implement such programs;
●Any requirements for staff who will be directly providing services to clients of such 
programs; and
●Any report, record, or other information that may be required to be kept and 
maintained by such programs.
The bill would require these educational or treatment programs to be completed by 
persons convicted after July 1, 2026, of human trafficking, commercial sexual exploitation of a 
child, or buying sexual relations, if ordered by a court. For convictions occurring prior to this 
date, a court could, but would not be required to, order a suitable educational or treatment 
program.
For convictions of buying sexual relations occurring prior to July 1, 2026, a court would be 
required to order a suitable educational or treatment program, while a person convicted after 
that date would be required to complete an AG-approved program. [Note: Current law provides 
discretion for a court in ordering a person convicted of buying sexual relations to complete a 
suitable educational or treatment program.]
Increased Penalties for Buying Sexual Relations
Under current law, the offense of buying sexual relations is classified as a class A person 
misdemeanor on a first offense and a severity level 9, person felony on a second or subsequent 
offense. The bill would reclassify all violations of buying sexual relations as a severity level 9 
person felony and increase the minimum fine amount from $1,200 to $2,000.
The bill would also amend the Code for Municipal Courts to remove references to 
misdemeanor violations of city ordinances prohibiting persons from buying sexual relations.
Diversion Agreements for Buying Sexual Relations
The bill would amend law concerning diversion agreements entered into in lieu of further 
criminal proceedings for a violation of buying sexual relations to prohibit a person from entering 
into a diversion agreement if such person has entered into a diversion agreement for a violation 
of a municipal ordinance that prohibits buying sexual relations, when the violation occurred prior 
to July 1, 2025.
Criminal Use of a Financial Card—Gift Cards
The bill would amend the crime of criminal use of a financial card to include certain 
conduct involving gift cards and would define related terms.
2 - 2347  The bill would redesignate the crime as criminal use of a financial card or gift card, and 
would add the following conduct as an act constituting the crime, when committed with the intent 
to defraud and to obtain money, goods, property, or services:
●Acquiring or retaining possession of a gift card or gift card redemption information 
without consent of the cardholder, issuer, or seller; or
●Altering or tampering with a gift card.
The bill would provide that conduct involving a gift card would be classified and penalized 
in the same manner as conduct involving a financial card in continuing law, as follows:
●Severity level 7 nonperson felony if the money, goods, property, or services obtained 
within a seven-day period are of the value of $25,000 or more;
●Severity level 9 nonperson felony if the money, goods, property, or services obtained 
within a seven-day period are of the value of at least $1,000 but less than $25,000; 
and
●Class A nonperson misdemeanor if the money, goods, property, or services obtained 
within a seven-day period are of the value of less than $1,000.
Definitions
The bill would add definitions of “closed-loop gift card,” “gift card,” “gift card issuer,” “gift 
card redemption information,” “gift card seller,” and “open-loop gift card,” and would amend the 
definition of “cardholder” to mean:
●The person or entity to whom or for whose benefit a financial card is issued; or
●The person to whom a physical or virtual gift card is issued or any person who has 
agreed with the card issuer to pay obligations arising from the issuance of a gift card 
to another person.
Unlawful Use of a Laser Pointer
The bill would create the crime of unlawful use of a laser pointer and would establish 
related penalties in the Kansas Criminal Code.
The crime would be defined as knowingly directing light from a laser pointer at:
●A law enforcement officer engaged in the performance of the officer’s duties, which 
would be a class A person misdemeanor; or
●An aircraft in flight or the flight path of an aircraft, which would be a severity level 9 
person felony.
The bill would exempt certain persons from the application of the crime:
3 - 2347  ●Any person who is authorized by an aircraft manufacturer or the Federal Aviation 
Administration to conduct research and development or flight test operations, while 
conducting such research or flight tests;
●Members or elements of the U.S. Department of Defense or U.S. Department of 
Homeland Security acting in an official capacity for the purpose of research, 
development, operations, testing, or training; or
●An individual using a laser emergency signaling device to send an emergency 
distress signal.
“Laser pointer” would be defined by the bill as a device that emits light amplified by the 
stimulated emission of radiation that is visible to the human eye.
The bill would specify that anyone who commits the crime of unlawful use of a laser pointer 
may also be prosecuted for, convicted of, and punished for assault or battery.
Conference Committee Action
The Conference Committee agreed to the provisions of HB 2347, regarding theft, as 
passed by the Senate, and further agreed to add the contents of:
●SB 71, regarding buying sexual relations, as amended by the House Committee on 
Judiciary;
●SB 84, regarding criminal use of a gift card, as passed by the Senate; and
●SB 156, unauthorized use of a laser pointer, as passed by the Senate.
Background
The Conference Committee added the contents of SB 71, as amended by the House 
Committee on Judiciary; SB 84, as passed by the Senate; and SB 156, as passed by the 
Senate to HB 2347, as passed by the Senate.
HB 2347 (Theft—Culpability and Motor Vehicles)
HB 2347 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 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.
4 - 2347  No other testimony was provided.
The Committee amended the bill to remove the criminal penalty increase for theft of a 
motor vehicle with a value less than $1,500. [Note: The Conference Committee retained this 
amendment.]
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 testimony from the first two proponents was substantially similar to that 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. [Note: The Conference 
Committee retained this amendment.]
SB 71 (Buying Sexual Relations)
SB 71 was introduced by the Senate Committee on Judiciary at the request of Senator 
Dietrich.
Senate Committee on Judiciary
In the Senate Committee hearing, proponent testimony was provided by the Shawnee 
County District Attorney; a representative of the Kansas Association of Chiefs of Police, Kansas 
Peace Officers Association, and Kansas Sheriffs’ Association; two representatives of Project 2 
Restore; and representatives of the District 5710 Rotary Foundation, International Public Policy 
Institute, ReHope, Shawnee County District Attorney’s Office, Twilight Lions, and YWCA 
Northeast Kansas. The proponents stated the bill would decrease human trafficking by 
increasing the punishment for those buying sexual relations. The proponents generally stated 
that this increase in punishment would decrease demand and thereby decrease human 
trafficking.
Written-only proponent testimony was provided by Representative Barrett; representatives 
of the Kansas Catholic Conference and the Office of the Attorney General (OAG); two 
representatives of ReHope; and two private citizens.
No other testimony was provided.
5 - 2347  House Committee on Judiciary
In the House Committee hearing, proponent testimony was provided by the Shawnee 
County District Attorney; a representative of Kansas Association of Chiefs of Police, Kansas 
Peace Officers Association, and Kansas Sheriffs’ Association; two representatives of Project 2 
Restore; and representatives of Altus Solutions, Inc., International Association of Forensic 
Nurses, ReHope, and Shawnee County District Attorney’s Office. The proponents provided 
testimony that was substantially similar to proponent testimony provided in the Senate 
Committee hearing.
Written-only proponent testimony was provided by a private citizen and representatives of 
International Public Policy Institute, Kansas Catholic Conference, MoReb Forensic Nurse 
Consulting, OAG, and YWCA of Northeast Kansas.
Written-only neutral testimony was provided by a representative of the State Board of 
Indigents’ Defense Services (BIDS).
No other testimony was provided.
The House Committee adopted an amendment to clarify language governing the 
application of diversion agreements for violations of ordinances that occur prior to the effective 
date of the bill. [Note: The Conference Committee retained this amendment.]
SB 84 (Criminal Use of a Financial Card—Gift Cards)
SB 84 was introduced by the Senate Committee on Judiciary at the request of a 
representative of the Kansas Chamber of Commerce.
Senate Committee on Judiciary
In the Senate Committee hearing, a representative of the Kansas Chamber provided 
proponent testimony, stating that the bill would provide an answer to the increasing occurrence 
of fraud involving gift cards.
Written-only opponent testimony was provided by a representative of BIDS.
No other testimony was provided.
House Committee on Judiciary
In the House Committee hearing, a representative of the Kansas Chamber provided 
proponent testimony that was substantially similar to the testimony provided in the Senate 
Committee hearing. 
Written-only proponent testimony was provided by a representative of the Kansas City, 
Kansas, Chamber of Commerce.
Written-only neutral testimony was provided by a representative of BIDS.
6 - 2347  The House Committee amended the bill to make it effective upon publication in the Kansas 
Register. [Note: The Conference Committee did not retain this amendment.]
SB 156 (Unlawful Use of a Laser Pointer)
SB 156 was introduced by the Senate Committee on Judiciary at the request of Senator 
Owens.
Senate Committee on Judiciary
In the Senate Committee hearing, 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 State Troopers Association (KSTA) and 
the Kansas Public Transit Association (KPTA). The proponents generally agreed that the bill 
would help to address the increasing use of laser pointers against aircraft during law 
enforcement events. The KPTA representative requested an amendment to apply the crime to 
operators of public transportation services and add a sentence enhancement for individuals 
assaulted in the performance of their employment.
Written-only proponent testimony was provided by a representative of the Kansas 
Agricultural Aviation Association.
Written-only neutral testimony was provided by a representative of BIDS.
No other testimony was provided.
The Senate Committee recommended the bill be placed on the Consent Calendar.
House Committee on Judiciary
In the House Committee hearing, proponent testimony was provided by a representative 
of the KSTA and a representative of the Kansas Association of Chiefs of Police, Kansas Peace 
Officers Association, and Kansas Sheriffs Association. The proponents provided testimony that 
was substantially similar to testimony provided in the Senate Committee hearing.
Written-only neutral testimony was provided by a representative of BIDS.
No other testimony was provided.
The House Committee amended the bill to change the effective date to be upon publication 
in the Kansas Register. [Note: The Conference Committee did not retain this amendment.]
7 - 2347  Fiscal Information
HB 2347 (Theft—Culpability and Motor Vehicles)
According to the fiscal note prepared by the Division of the Budget on HB 2347, as 
introduced, the Sentencing 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 enactment of 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.
SB 71 (Buying Sexual Relations)
According to the fiscal note prepared by the Division of the Budget on SB 71, as 
introduced, the OAG indicates enactment of the bill would increase expenditures by $148,409 in 
FY 2026 and $103,329 in FY 2027 from the State General Fund (SGF). The FY 2026 amount 
includes a one-time request for $50,000 for the process of reviewing potential vendors and to 
prepare the rules and regulations required under the bill. The FY 2027 amount includes a 5.0 
percent increase from the ongoing FY 2026 amount.
The Kansas Sentencing Commission estimates enactment of the bill would result in the 
increase of three adult prison beds needed by the end of FY 2026 and that by the end of FY 
2034, three additional beds would be needed. Enactment of the bill would increase the workload 
of the Commission by 12 in FY 2026 and by 13 in FY 2035.
The Department of Corrections indicates enactment of the bill would increase expenditures 
by $12,735 in FY 2026 and $12,990 in FY 2027 from the SGF. The Department assumes in 
these estimates that the marginal cost to house one additional resident will be $4,245 in FY 
2026 and $4,330 in FY 2027.
The OJA indicates enactment of the bill would not have a significant fiscal effect on 
expenditures of the Judicial Branch. The OJA states that enactment of the bill could result in the 
collection of additional fines in cases filed under the provisions of the bill, but a precise fiscal 
effect cannot be estimated.
Any fiscal effect associated with enactment of SB 71 is not reflected in The FY 2026 
Governor’s Budget Report.
8 - 2347  SB 84 (Criminal Use of a Financial Card—Gift Cards)
According to the fiscal note prepared by the Division of the Budget on SB 84, as 
introduced, BIDS indicates enactment of the bill would increase agency expenditures on legal 
counsel and support staff by unknown amounts.
The Kansas Sentencing Commission estimates enactment of the bill would result in an 
increase of one adult prison bed by the end of FY 2026, with one additional bed needed by the 
end of FY 2034. Enactment of the bill would increase the workload of the Commission by 10 in 
FY 2026 and FY 2035, according to the prison bed impact statement prepared by the 
Commission on the bill.
The Department of Corrections indicates enactment of the bill would increase SGF 
expenditures by $4,245 in FY 2026 and $4,330 in FY 2027.
The Judicial Branch indicates enactment of the bill has the potential to increase 
expenditures and also increase fees deposited in the SGF; however, a precise estimate is 
unable to be calculated at this time.
The Kansas Association of Counties indicates enactment of the bill could potentially 
increase county government expenditures.
The League of Kansas Municipalities indicates enactment of the bill would have negligible 
fiscal effect on city governments.
Any fiscal effect associated with enactment of SB 84 is not reflected in The FY 2026 
Governor’s Budget Report.
SB 156 (Unlawful Use of a Laser Pointer)
According to the fiscal note prepared by the Division of the Budget on SB 156, as 
introduced, BIDS indicates that enactment of the bill would increase agency expenditures on 
legal counsel and support staff by unknown amounts, but estimates each new severity level 9 
person felony case brought to the agency would result in SGF expenditures of $2,918 to $4,375. 
BIDS also indicates that it may require 1.0 new FTE attorney position and additional support 
staff depending on the number of new cases brought to the agency.
The Sentencing Commission indicates that enactment of the bill has the potential to 
increase prison admissions and the number of prison beds needed. However, an exact estimate 
cannot be determined.
The Department of Corrections indicates enactment of the bill has the potential to increase 
agency operating expenditures depending on its effect on prison admissions and beds.
The Judicial Branch indicates enactment of the bill has the potential to increase the 
number of cases filed in district courts. This may increase agency operating expenditures due to 
the additional time spent by district court judicial and non-judicial personnel in processing, 
researching, and hearing cases. However, the Judicial Branch is unable to calculate an exact 
estimate of this effect. The bill has the potential to increase the collection of docket fees, fines, 
9 - 2347  and supervision fees, which are deposited in the SGF; however, the amount of additional 
collections is unknown. 
Any fiscal effect associated with enactment of SB 156 is not reflected in The FY 2026 
Governor’s Budget Report.
The League of Kansas Municipalities indicates enactment of the bill has the potential to 
increase city government expenditures on legal proceedings. The Kansas Association of 
Counties indicates enactment of the bill would have a negligible fiscal effect on counties.
Crimes; penalties; judiciary; culpability; stolen property or services; gift card; laser pointer; buying sexual relations; ordinance; 
Kansas Municipal Code
ccrb_hb2347_01_0325.odt
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