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HB 2347

Limitation of prosecutions; false entries or destruction of records by officers.

2025 Regular Session Introduced by Mark Earley

The bill lowers the mental-state standard for possession of stolen property to “has reason to know,” expanding theft-by-possession prosecutions and raises some vehicle thefts to a

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Bill Summary · HB 2347

Summary — Kansas HB 2347 (2025 session)

Note: Several unrelated bills in other states also use the number “HB 2347.” This summary covers the Kansas bill described in the provided committee reports and fiscal note (the theft statute changes requested by the City of Wichita / Wichita Police Department).

Purpose / intent

HB 2347 is intended to (1) lower the mental‑state threshold for prosecuting possession of stolen property or services so prosecutors can more readily charge theft-by-possession, and (2) increase the criminal penalty for certain low‑value motor vehicle thefts so that taking a motor vehicle in a specified lower value range is a felony rather than a misdemeanor.

Proponents (Wichita Police Department, Kansas Association of Chiefs of Police, Kansas Peace Officers Association, Kansas Sheriffs Association, National Insurance Crime Bureau) said the changes will allow theft-by-possession to be prosecuted “as intended” and make penalties for low‑value motor vehicle theft commensurate with victim harm.

Key provisions

  • Amends K.S.A. 21‑5801 (the theft statute):
    • Changes the culpability requirement for obtaining control over stolen property or services from requiring the actor to “know” the property or services were stolen to a lower standard that the actor “has reason to know” (i.e., constructive/awareness‑based standard rather than actual knowledge).
    • Repeals the existing K.S.A. 21‑5801 and replaces it with the amended section.
  • Increases penalty for certain motor vehicle thefts:
    • Theft of a motor vehicle valued at at least $500 but less than $1,500 is designated a severity level 10 nonperson felony (under earlier versions the threshold language varied; the version reported by the Senate Committee applies the felony upgrade for motor vehicles valued ≥ $500 and < $1,500).

Who is affected

  • Defendants in theft cases: the mens rea change makes it easier for prosecutors to prove theft-by-possession prosecutions where the defendant “has reason to know” property was stolen.
  • Persons charged with stealing motor vehicles valued between $500 and $1,499.99: those offenses would be elevated from class A misdemeanor to a severity level 10 nonperson felony.
  • Criminal justice system actors: prosecutors, public defenders/assigned counsel, courts, county and municipal law enforcement and court systems.
  • Victims of motor vehicle theft: potentially different criminal outcomes and sentencing possibilities for offenders.

Fiscal and operational impacts

  • Sentencing Commission: enactment could increase prison admissions and bed needs, but the precise effect is indeterminate.
  • Department of Corrections: projects any spending increase would be negligible and could be absorbed within existing resources.
  • Board of Indigents’ Defense Services: expects increased legal defense workload. Estimates direct counsel costs per new severity level 10 felony case of approximately $2,918 to $4,375 (based on prevailing rates) and notes the possible need for 1.0 FTE attorney and support staff depending on case volume.
  • Judicial Branch and local governments: potential negligible to indeterminate increases in operational costs; counties and municipalities note potential increases in enforcement and legal proceeding expenses that cannot be precisely estimated.

Procedure / timeline

  • Introduced at the request of the Wichita Police Department (House Committee on Judiciary), early February 2025.
  • Committee amendments: House Committee initially removed the motor‑vehicle felony increase; Senate Committee later reinserted a modified motor‑vehicle felony provision (value threshold ≥ $500 and < $1,500).
  • Conference committee report available (March 27, 2025).
  • Fiscal note indicates an effective date of July 1, 2025 (as analyzed for budgetary impacts).

Notes / considerations

  • The mens rea change (“has reason to know”) lowers the burden for prosecutors relative to actual knowledge, which can broaden the circumstances under which possession of stolen property is prosecutable as theft.
  • Elevating low‑value motor vehicle thefts to felony status changes criminal exposure and likely affects plea bargaining, sentencing ranges and collateral consequences for convicted individuals.
  • Exact sentencing effects depend on application of the Kansas sentencing grid and criminal history scoring for particular defendants.

Compiled from official sources — confirm details with the bill’s official record.

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