Committee backs measure making 'following from ATM with instruments' a misdemeanor after debate over intent standard

The Senate Finance Committee recommended SB 1737, as amended, after adopting a finance amendment that set the offense's elements and removed certain out-year appropriation language. Sponsor remarks described the bill as creating a Class A misdemeanor for a person who intentionally follows another from an ATM or business with the intent to steal cash while possessing two or more "criminal instruments."

"This legislation would create a class a misdemeanor offense for a person who intentionally follows another from a business, financial institution, or ATM with the intent to steal their cash while in possession of two criminal instruments," the sponsor explained during committee debate.

Several members raised concerns in committee about the standard of intent and whether ordinary lawful items (a lawfully carried firearm, a bag, a phone) could be deemed "criminal instruments" depending on context. One member said the bill risks charging people "for a crime that they never actually committed" because possession of items and being nearby could be used to infer intent.

Committee counsel and other members discussed evidentiary tools such as cell-phone data, surveillance, and witness testimony to prove intent in prosecutions. After extensive discussion the finance amendment was adopted and the bill as amended was recommended to the calendar with a recorded vote of 8 ayes and 3 noes.

What happens next: SB 1737 advances to the Senate calendar. Committee debate highlighted the need for prosecutors to prove intent and for courts to apply context when distinguishing lawful conduct from criminal preparation.