Committee amends HB 2347 to keep auto-theft provision a misdemeanor and adds 'reason to know' culpability

The Committee on Judiciary amended and passed House Bill 23 47, a bill that changes elements of the criminal theft statute and would alter the culpability requirement for some theft offenses.

Jason Thompson of the Revisor’s Office summarized the bill for the committee as having two principal parts: changing the culpability standard from “knowing property was stolen” to “knowing or having reason to know property or services were stolen,” and raising the penalty for theft of a motor vehicle valued under $1,500 to a severity level 10 nonperson felony.

Representative Carmichael offered an amendment, developed with input from the Wichita City Attorney’s Office, that removes the felony-upgrade and leaves the offense as a misdemeanor while retaining the “reason to know” culpability language. Carmichael said the city preferred keeping the offense a misdemeanor because making it a felony could remove municipal authority to prosecute similar conduct under city ordinances and shift prosecutions to the district attorney’s office. “If you codify this in state law as a felony, then that may impinge on the city's ability to continue to have a city ordinance to prohibit the same kind of conduct,” Carmichael said.

Representative Barrack said elevating the offense to a felony could increase investigative priority at larger agencies but acknowledged the burden it would place on district courts. Representative Barrett said the change to culpability reflected concerns from service providers who face disruptive short-term regulatory changes and expressed support for retaining the “reason to know” standard.

The committee adopted Carmichael’s amendment (moved by Carmichael; seconded by Representative Osman). After brief additional discussion, Representative Curtis moved and Representative Schreiber seconded that the committee pass HB 23 47 favorably for passage as amended. The committee adopted the motion; the record shows a voice vote and the chair announced the ayes had it.

The amended bill therefore advances from committee keeping the existing misdemeanor penalty for low-value motor vehicle theft while broadening the culpability standard to “knowing or having reason to know.” The committee discussion noted remaining definitional issues — for example, how to treat operable versus inoperable or registered versus unregistered vehicles — that could be revisited in later sessions.