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Session of 2026
HOUSE BILL No. 2697
By Committee on Judiciary
Requested by Steve Kearney on behalf of Johnson County District Attorney Steve
Howe
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AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes involving property; modifying the crime of unlawful acts
involving theft detection shielding devices to include possessing, with
the intent to commit theft, a computer program, application, software or
other device adapted, designed or commonly used to operate a lock or
locks on or start a motor vehicle without an ignition key or key fob, or
to copy, store information relating to, or interfere with those functions
and providing for exceptions; amending K.S.A. 21-5805 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5805 is hereby amended to read as follows: 21-
5805. (a) It shall be unlawful to:
(a)(1) Manufacture or distribute in any way a laminated or coated bag
or device particular to and intentionally marketed for shielding and
intended to shield merchandise from detection by electronic or magnetic
theft alarm sensor;
(b)(2) possess any laminated or coated bag or device particular to and
designed for shielding and intended to shield merchandise from detection
by an electronic or magnetic theft alarm sensor, with the intent to commit
theft;
(c)(3) possess any tool or device designed to allow the removal of any
theft detection device from any merchandise with the intent to use such
tool to remove any theft detection device from any merchandise without
the permission of the merchant or person owning or holding such
merchandise; or
(d)(4) possess one or more fraudulent retail sales receipts or universal
product code labels or possessing the device which manufactures
fraudulent retail sales receipts or universal product code labels with the
intent to cheat or defraud a retailer. A person having possession, custody or
control of 15 or more such receipts or labels or such device shall be
presumed to possess such items with the intent to cheat or defraud a
retailer; or
(5) possess, with the intent to commit theft, a computer program,
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HB 2697 2
application, software or other device adapted, designed or commonly used
to:
(A) Operate a lock on or start a motor vehicle without an ignition key
or fob;
(B) copy and store information relating to operating a lock on or
starting a motor vehicle; or
(C) interfere with the ability to operate a lock on or start a motor
vehicle.
(e)(b) Violation of this section is a severity level 9, nonperson felony.
(c) The provisions of this section shall not apply to:
(1) Any person who is a dealer of new or used motor vehicles;
(2) a car rental company or agent;
(3) a locksmith;
(4) an employee of a towing service;
(5) an employee of an automotive repair business;
(6) a person who is lawfully repossessing a motor vehicle;
(7) a law enforcement officer when such officer is acting within the
scope of such officer's official duties or employment; or
(8) a business that has a key-cutting device located and used on the
premises for the purpose of making replacement keys for the owner or
person who has lawful possession of a motor vehicle.
Sec. 2. K.S.A. 21-5805 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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