Kansas 2025-2026 Regular Session

Kansas House Bill HB2347 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2347
33 By Committee on Judiciary
44 Requested by Marlee Carpenter on behalf of the City of Wichita and the Wichita
55 Police Department
66 2-7
77 AN ACT concerning crimes, punishment and criminal procedure; relating
88 to theft; changing the culpability required for certain types of theft;
99 increasing the criminal penalty when the property is a motor vehicle;
1010 amending K.S.A. 21-5801 and repealing the existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 21-5801 is hereby amended to read as follows: 21-
1313 5801. (a) Theft is any of the following acts done with intent to
1414 permanently deprive the owner of the possession, use or benefit of the
1515 owner's property or services:
1616 (1) Obtaining or exerting unauthorized control over property or
1717 services;
1818 (2) obtaining control over property or services, by deception;
1919 (3) obtaining control over property or services, by threat;
2020 (4) obtaining control over stolen property or services knowing, or
2121 having reason to know, the property or services to have been were stolen
2222 by from another; or
2323 (5) knowingly dispensing motor fuel into a storage container or the
2424 fuel tank of a motor vehicle at an establishment in which motor fuel is
2525 offered for retail sale and leaving the premises of the establishment
2626 without making payment for the motor fuel.
2727 (b) Theft of:
2828 (1) Property or services of the value of $100,000 or more is a severity
2929 level 5, nonperson felony;
3030 (2) property or services of the value of at least $25,000 but less than
3131 $100,000 is a severity level 7, nonperson felony;
3232 (3) property or services of the value of at least $1,500 but less than
3333 $25,000 is a severity level 9, nonperson felony, except as provided in
3434 subsection (b)(7);
3535 (4) property or services of the value of less than $1,500 is a class A
3636 nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6),
3737 (b)(7) or, (b)(8) or (b)(9);
3838 (5) property of the value of less than $1,500 from three separate
3939 mercantile establishments within a period of 72 hours as part of the same
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7474 act or transaction or in two or more acts or transactions connected together
7575 or constituting parts of a common scheme or course of conduct is a
7676 severity level 9, nonperson felony;
7777 (6) property of the value of at least $50 but less than $1,500 is a
7878 severity level 9, nonperson felony if committed by a person who has,
7979 within five years immediately preceding commission of the crime,
8080 excluding any period of imprisonment, been convicted of theft two or
8181 more times;
8282 (7) property that is a firearm of the value of less than $25,000 is a
8383 severity level 9, nonperson felony; and
8484 (8) property that is mail of the value of less than $1,500 from three
8585 separate locations within a period of 72 hours as part of the same act or
8686 transaction or in two or more acts or transactions connected together or
8787 constituting parts of a common scheme or course of conduct is a severity
8888 level 9, nonperson felony; and
8989 (9) property that is a motor vehicle of the value of less than $1,500 is
9090 a severity level 10, nonperson felony.
9191 (c) As used in this section:
9292 (1) "Conviction" or "convicted" includes being convicted of a
9393 violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal
9494 ordinance which prohibits the acts that this section prohibits;
9595 (2) "mail" means a letter, postal card, package or bag sent through the
9696 United States postal service or other delivery service, or any other article
9797 or thing contained therein;
9898 (3) "regulated scrap metal" means the same as defined in K.S.A. 2024
9999 Supp. 50-6,109, and amendments thereto;
100100 (4) "remote service unit" means the same as defined in K.S.A. 9-
101101 1111, and amendments thereto, and includes, but is not limited to,
102102 automated cash dispensing machines and automated teller machines; and
103103 (5) "value" means the value of the property or, if the property is
104104 regulated scrap metal or a remote service unit, the cost to restore the site of
105105 the theft of such regulated scrap metal or remote service unit to its
106106 condition at the time immediately prior to the theft of such regulated scrap
107107 metal or remote service unit, whichever is greater.
108108 Sec. 2. K.S.A. 21-5801 is hereby repealed.
109109 Sec. 3. This act shall take effect and be in force from and after its
110110 publication in the statute book.
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