House Status:
Senate Status:
Senate Status:
Minutes for HB2093 - Committee on Judiciary
Short Title
Increasing criminal penalties for fleeing or attempting to elude a police officer when operating a stolen vehicle and making fleeing or attempting to elude a police officer evidence of intent to commit theft of a vehicle.
Minutes Content for Wed, Jan 27, 2021
Chairperson Patton opened the hearing on HB2093. Natalie Scott provided an overview of the bill.(Attachment 5) Ms. Scott stood for questions.
Proponent
Ed Klumpp testified in support of HB2093. (Attachment 6) Mr. Klumpp stated the number of auto thefts continue to rise in Kansas, increasing every year since 2014 with the exception of a drop in 2019. The 2020 increase will be around 10.3% from 2019 and up 6.3% compared to 2018. The 2020 numbers are 19.3% higher than the 10-year average for Kansas. This is a statewide issue. In 2019 only seven Kansas Counties reported no auto thefts. Auto thefts in the US have decreased each year from 2017 to 2019, down 6.6%4compared to a 6.3% increase in Kansas. Stolen vehicles also play a major role in attempt to elude cases. In preparing for this testimony, we were able to determine that at a minimum 1 of every 5 of the attempt to elude cases in Kansas during 2019 involved stolen motor vehicles. The real total is substantially higher than that because of the large number of pursuits we terminate without identification of the vehicle or driver. Mr. Klumpp also discussed proposed amendments included in his written testimony.
Major Andrew Dean testified in support of HB2093 (Attachment 7) and stated the Kansas Highway Patrol would like to make fleeing or attempting to elude a police officer while operating a stolen motor vehicle a severity level 9, person felony, and would impose a mandatory fine of at least $500 for that act. The bill would also make fleeing or attempting to elude a police officer in a stolen motor vehicle prima facie evidence of intent to permanently deprive the owner of the motor vehicle of the possession, use, or benefit thereof for the purposes of prosecuting theft.
Greg Smith testified in support of HB2093. (Attachment 8) Mr. Smith spoke to the issue of vehicles with a value of $1500 or less being made a severity level 10, nonperson felony. He explained this provision was an attempt to protect Kansans who own a vehicle valued at under $1500. When the Legislature raised the amount for felony theft from $1000 to $1500 this changed the ability to charge the theft of a motor vehicle as a felony. Statewide data indicates that 30.8% of stolen vehicles in Kansas in 2017 were valued at $1500 or less. Accordingly, these vehicles are more likely to be owned by lower income families and, in many instances, are the only means of transportation the family has. It is less likely that these vehicles are insured against theft and these families are not likely to be able to quickly replace the stolen vehicle. While HB2093 is a needed improvement this new language would make this a victim centered piece of legislation. Mr. Smith said he and the Johnson County Sheriff's Office feels that these changes to current law will make an impact on the problem of auto theft and those that attempt to elude police when caught in those vehicles.
Todd Thompson testified in support of HB2093. (Attachment 9) Mr. Thompson stated the proposed language for K.S.A. 8-1568 corrects an issue that they think was intended with charging subsequent flee and eluding cases. Currently, when charging a violation of subsection (a), it is unclear whether a prior conviction under subsection (b) should be considered. The issue of safety plays an even more important concern when discussing the need to increase the penalty when a vehicle evading law enforcement comes into on-coming traffic or intersection causing a vehicle to perform an evasive maneuver. The biggest concern for law enforcement when trying to apprehend a suspect who is attempting to elude them is not just their safety, but the safety of everyone on the roadway. They have seen multiple injuries and death in cases of vehicles eluding law enforcement. More serious consequences are needed when this occurs in order to be commensurate with the harm it causes. The new proposed language in 21-5804 addresses a common issue where defendants can escape culpability by claiming they were not aware a vehicle was stolen. When this occurs in the context of flee and elude, the new language would allow such conduct to serve as prima facie evidence that the defendant intended to deprive the owner of their motor vehicle. More often than not, a vehicle that is attempting to elude law enforcement is stolen, but the suspects don’t take responsibility for stealing it. This corrects this issue and we hope will deter this crime and make our roadways safer.
All proponents stood for questions from the membership.
Written Proponent
Tim Lynch, Senior Director, Government Affairs, National Insurance Crime Bureau (Attachment 10)
Chairperson Patton closed the hearing on HB2093.
