Kansas 2025-2026 Regular Session

Kansas Senate Bill SB84 Compare Versions

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1	1	Session of 2025
2	2	SENATE BILL No. 84
3	3	By Committee on Judiciary
4	4	1-27
5	5	AN ACT concerning crimes, punishment and criminal procedure; relating
6	6	to crimes involving property; modifying criminal use of a financial card
7	7	to include certain conduct involving gift cards; amending K.S.A. 21-
8	8	5828 and repealing the existing section.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. K.S.A. 21-5828 is hereby amended to read as follows: 21-
11	11	5828. (a) Criminal use of a financial card or gift card is any of the
12	12	following acts done with intent to defraud and to obtain money, goods,
13	13	property or services:
14	14	(1) Using a financial card without the consent of the cardholder;
15	15	(2) using a financial card, or the number or description thereof, which
16	16	has been revoked or canceled; or
17	17	(3) using a falsified, mutilated, altered or nonexistent financial card or
18	18	a number or description thereof;
19	19	(4) acquiring or retaining possession of a gift card or gift card
20	20	redemption information without the consent of the cardholder, gift card
21	21	issuer or gift card seller; or
22	22	(5) altering or tampering with a gift card.
23	23	(b) Criminal use of a financial card or gift card is a:
24	24	(1) Severity level 7, nonperson felony if the money, goods, property
25	25	or services obtained within any seven-day period are of the value of
26	26	$25,000 or more;
27	27	(2) Severity level 9, nonperson felony if the money, goods, property
28	28	or services obtained within any seven-day period are of the value of at
29	29	least $1,000 but less than $25,000; and
30	30	(3) class A nonperson misdemeanor if the money, goods, property or
31	31	services obtained within a seven-day period are of the value of less than
32	32	$1,000.
33	33	(c) As used in this section:
34	34	(1) "Cardholder" means:
35	35	(A) The person or entity to whom or for whose benefit a financial
36	36	card is issued; or
37	37	(B) the person to whom a physical or virtual gift card is issued or any
38	38	person who has agreed with the card issuer to pay obligations arising
39	39	from the issuance of a gift card to another person;
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75	75	36 SB 84 2
76	76	(2) "closed-loop gift card" means a card, code or device that is
77	77	issued to a consumer on a prepaid basis primarily for personal, family or
78	78	household purposes in a specified amount, regardless of whether that
79	79	amount may be increased or reloaded in exchange for payment, and is
80	80	redeemable upon presentation by a consumer at a single merchant or
81	81	group of affiliated merchants;
82	82	(3) "financial card" means an identification card, plate, instrument,
83	83	device or number issued by a business organization authorizing the
84	84	cardholder to purchase, lease or otherwise obtain money, goods, property
85	85	or services or to conduct other financial transactions; and
86	86	(2) "cardholder" means the person or entity to whom or for whose
87	87	benefit a financial card is issued
88	88	(4) "gift card" means a physical or digital closed-loop gift card or
89	89	open-loop gift card that is either activated or inactivated;
90	90	(5) "gift card issuer" means any person that issues a gift card or the
91	91	agent of that person with respect to such card;
92	92	(6) "gift card redemption information" means information unique to
93	93	each gift card that allows the cardholder to access, transfer or spend the
94	94	funds on such gift card;
95	95	(7) "gift card seller" means a merchant that is engaged in the
96	96	business of selling gift cards to consumers; and
97	97	(8) "open-loop gift card" means a card, code or device that is issued
98	98	to a consumer on a prepaid basis primarily for personal, family or
99	99	household purposes in a specified amount, regardless of whether that
100	100	amount may be increased or reloaded in exchange for payment, and is
101	101	redeemable upon presentation at multiple unaffiliated merchants for goods
102	102	or services within the payment card network.
103	103	(d) For the purposes of subsection (a)(2), a financial card shall be
104	104	deemed canceled or revoked when notice in writing thereof has been
105	105	received by the named holder thereof as shown on such financial card or
106	106	by the records of the company.
107	107	Sec. 2. K.S.A. 21-5828 is hereby repealed.
108	108	Sec. 3. This act shall take effect and be in force from and after its
109	109	publication in the statute book.
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