Brief ⁽¹⁾

HB 2805 would establish a new crime regarding manufacturing or selling theft detection shielding devices which will be punishable as a level 9 nonperson felony. The crime of unlawful manufacturing or selling a theft detection device is defined as intentionally manufacturing, selling, offering for sale, or distributing a laminated or coated bag or device particular to and intentionally marketed for shielding merchandise from detection by an electronic or magnetic theft alarm sensor. Unlawful possession also includes the element of intent to commit theft.

Unlawful possession of a theft detection device remover and unlawful removal of a theft detection device are included under the criminal provisions of the bill.

The Senate Committee deleted the House Committee of the Whole amendment dealing with the sentencing for domestic battery convictions. The House Committee of the Whole amendment provided that persons convicted, within a five-year time span, of a third or subsequent domestic battery were sentenced to not less than 90 days nor more than one year of imprisonment (in a state facility). Current law provides that a person convicted for a third or subsequent domestic battery does not serve time in a state prison under the custody of the Secretary of Corrections.

Background

A conferee representing the Kansas Chamber of Commerce and Industry testified in support of the bill. Another delegate with the Chamber submitted written remarks in favor of the measure.

The fiscal note indicates the possibility of an increase in prison population in the instance of a probation revocation. Cost for incarceration for a probationer whose probation is revoked would be $5,500 per admission. Offenders receiving nonprison sentences would require $2,653 per inmate for community corrections. The increase in prison or community corrections expenditures cannot be estimated without additional data on the number of convictions for this offense.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html