The Kansas Senate has recently approved a bill that aims to crack down on organized retail crime, which involves the coordinated theft of goods from retailers with the intent of reselling them.
The term usually pertains to thefts committed by organized groups of individuals. It encompasses various forms of theft such as stealing cargo trucks, shoplifting, cargo theft, and smash and grabs. The latter involves the destruction of protective barriers like display cases during the act of theft.
The Substitute House Bill 2144 in Kansas does not mandate the involvement of multiple parties and applies to individuals who have stolen goods valued at over $3,000 within the past year.
The proposed legislation aims to impose penalties on individuals who commit theft ranging from $3,000 to $15,000. If the stolen amount falls within this range, it would be classified as a level 5 nonperson felony, carrying a sentence of 31 to 136 months. On the other hand, if the theft exceeds $15,000, it would be considered a level 4 nonperson felony, with a sentencing range of 38 to 172 months.
According to the National Retail Federation, there was an increase in organized retail crime in the previous year. Additionally, nine states have recently enacted legislation to impose stricter penalties on those involved in organized retail crime. This legislation has received support from various organizations including state and regional chambers of commerce, Walmart, and Attorney General Kris Kobach, who would be granted the authority to prosecute organized retail crime cases.
According to Kobach, organized retail crime goes beyond simple theft or shoplifting. He emphasizes that these crimes involve stealing on a large scale, with the intention of victimizing businesses. The stolen merchandise is often resold for financial gain, which is then used to fund further criminal activities.
The accuracy of the NRF’s numbers has been called into question. According to its annual retail shrinkage report, theft rates have remained relatively consistent compared to previous years. However, the Board of Indigents Defense Services, which advocates for public defenders in the state, opposed the report. The BIDS pointed out that the claimed instances of organized retail theft in Kansas have steadily decreased since 2017. Additionally, they emphasized that individuals involved in theft are often struggling with substance abuse disorders or extreme poverty.
Jennifer Roth, a member of the BIDS legislative committee, expressed her opposition to the bill, highlighting the absence of information on the actual ringleaders and their apprehension rate in the articles about Wichita. Instead, the articles primarily focused on individuals grappling with drug addiction, mental illness, and poverty. According to Roth, those most likely to be affected by this new high severity level offense are individuals who are desperate, unwell, and facing numerous challenges.
Proponents in the Senate argue that this legislation is crucial in order to establish a distinct crime that focuses on the behavior. At present, individual retail theft for personal use is treated no differently than theft committed as part of a larger scheme.
According to Senator Kellie Warren, R-Leawood, the current lack of appropriate tools for prosecuting this type of crime is the reason behind the introduction of this bill.
However, critics express concerns that the bill’s scope is too wide and may lead to the prosecution of offenses that do not fall under the category of organized retail crime.
According to Sen. Ethan Corson, D-Prairie Village, the testimony presented in the judiciary committee highlighted the importance of addressing organized retail crime. He emphasized the need to remain focused on combating this issue.
