HB 2018

                    Substitute for HOUSE BILL No. 2018
AN ACT concerning crimes, punishment and criminal procedure; creating the crime of
   interference with the conduct of a religious assembly and providing criminal
   penalties therefor; providing for a civil cause of action for damages arising from such
   offense; amending K.S.A. 21-6205 and K.S.A. 2025 Supp. 75-702 and repealing the
   existing sections.
Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) Interference with the conduct of a religious
assembly is:
    (1) By force, threat of force or by physical obstruction,
intentionally injuring, intimidating or interfering with any person
lawfully exercising or seeking to exercise the right of religious freedom
under the first amendment of the constitution of the United States or
under section 3 or section 7 of the bill of rights of the constitution of
the state of Kansas at a place of religious worship; or
    (2) recklessly damaging, defacing or destroying the property of a
place of religious worship by means other than by fire or explosive.
    (b) Aggravated interference with the conduct of a religious
assembly is interference with the conduct of a religious assembly as
defined in subsection (a)(1) when in possession of any firearm or
weapon that is an offense under K.S.A. 21-6301 or 21-6302, and
amendments thereto.
    (c) (1) Interference with the conduct of a religious assembly as
defined in subsection (a)(1) is:
    (A) A severity level 10, person felony, except as provided in
subsection (c)(1)(B); and
    (B) a severity level 6, person felony for a second or subsequent
conviction.
    (2) interference with the conduct of a religious assembly as
defined in subsection (a)(2) is a:
    (A) Class A nonperson misdemeanor if the property that is
damaged, defaced or destroyed has a value of less than $1,000;
    (B) severity level 9, nonperson felony if the property that is
damaged, defaced or destroyed has a value of $1,000 or more but less
than $25,000; and
    (C) severity level 7, nonperson felony if the property that is
damaged, defaced or destroyed has a value of $25,000 or more.
    (3) Aggravated interference with the conduct of a religious
assembly as defined in subsection (b) is a severity level 4, person
felony.
    (d) As used in this section:
    (1) "Interfere with" means to restrict a person's freedom of
movement;
    (2) "intimidate" means to place a person in reasonable
apprehension of bodily harm to such person or to another person; and
    (3) "physical obstruction" means rendering impassable ingress to
or egress to or from a place of religious worship, or rendering passage
to or from such place of religious worship unreasonably difficult or
hazardous.
    (e) This section shall be a part of and supplemental to the Kansas
criminal code.
    New Sec. 2. (a) A person injured as a result of the conduct of
another that would constitute conduct prohibited by section 1, and
amendments thereto, may bring an action in an appropriate state court
against the person or persons who engaged in such conduct.
    (b) In any action brought under this section, a prevailing plaintiff
may be awarded actual damages, punitive damages in an amount up to
three times the actual damages such person sustained and the cost of
the suit, including reasonable attorney's fees. In lieu of actual damages,
the plaintiff may elect to seek statutory damages in the amount of
$5,000 for each violation. A court may also award any equitable or
injunctive relief as the court deems appropriate.
    (c) Notwithstanding any other provision of law, any action
commenced under this section shall be filed within five years after the
later of:
             Substitute for HOUSE BILL No. 2018—page 2
    (1) The date of discovery of the violation of section 1, and
amendments thereto; or
    (2) the conclusion of a related criminal case.
    (d) (1) At the victim's request, or upon the attorney general's own
determination, the attorney general may pursue cases on behalf of any
Kansas victim under this section. All damages obtained shall go to the
victim, and the attorney general may seek reasonable attorney's fees
and costs.
    (2) In the interest of vindicating public interest, the court in any
action brought under this subsection may, in addition to any damages or
other relief awarded to the plaintiff, assess a civil penalty against each
respondent in the amount of:
    (A) $10,000 for a first nonviolent violation of section 1(a)(1), and
amendments thereto, and $15,000 for a first violation of any other
provision of section 1, and amendments thereto; and
    (B) $15,000 for a second or subsequent nonviolent violation of
section 1(a)(1), and amendments thereto, and $25,000 for a second or
subsequent violation of any other provision of section 1, and
amendments thereto.
    (e) This section does not preclude any other remedy available to
the victim under federal law or law of this state.
    Sec. 3. K.S.A. 21-6205 is hereby amended to read as follows: 21-
6205. (a) Criminal desecration is:
    (1) Knowingly obtaining or attempting to obtain unauthorized
control of a dead body or remains of any human being or the coffin, urn
or other article containing a dead body or remains of any human being;
or
    (2) recklessly, by means other than by fire or explosive:
    (A) Damaging, defacing or destroying the flag, ensign or other
symbol of the United States or this state in which another has a
property interest without the consent of such other person;
    (B) damaging, defacing or destroying any public monument or
structure; or
    (C) damaging, defacing or destroying any tomb, monument,
memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any
other property in a cemetery; or
    (D) damaging, defacing or destroying any place of worship.
    (b) Criminal desecration as defined in:
    (1) SubsectionsSubsection (a)(2)(B), or (a)(2)(C) or (a)(2)(D) if
the property is damaged to the extent of:
    (A) $25,000 or more is a severity level 7, nonperson felony;
    (B) at least $1,000 but less than $25,000 is a severity level 9,
nonperson felony; and
    (C) less than $1,000 is a class A nonperson misdemeanor; and
    (2) subsectionssubsection (a)(1) or (a)(2)(A) is a class A
nonperson misdemeanor.
    Sec. 4. K.S.A. 2025 Supp. 75-702 is hereby amended to read as
follows: 75-702. (a) The attorney general shall appear for the state, and
prosecute and defend any and all actions and proceedings, civil or
criminal, in the Kansas supreme court, the Kansas court of appeals and
in all federal courts, in which the state shall be interested or a party, and
shall, when so appearing, control the state's prosecution or defense.
    (b) The attorney general shall also, when required by the governor
or either branch of the legislature, appear for the state and prosecute or
defend, in any other court or before any officer, in any cause or matter,
civil or criminal, in which this state may be a party or interested or
when the constitutionality of any law of this state is at issue and when
so directed shall seek final resolution of such issue in the supreme court
of the state of Kansas.
    (c) (1) The attorney general shall have authority to prosecute any
matter related to a violation of K.S.A. 12-189 or 75-5133, and
amendments thereto, related to unlawful acts when the offender is an
officer or employee of a city or county.
    (2) Notwithstanding any provision of law to the contrary, the
                Substitute for HOUSE BILL No. 2018—page 3
attorney general shall have concurrent authority with any county or
district attorney to prosecute the following crimes when they are part of
an alleged course of criminal conduct that occurred in two or more
counties:
    (A) Organized retail crime as defined in K.S.A. 2025 Supp. 21-
5841, and amendments thereto, and any other crime that is part of such
alleged course of criminal conduct;
    (B) theft as defined in K.S.A. 21-5801, and amendments thereto;
    (C) violations of the Kansas racketeer influenced and corrupt
organizations act, K.S.A. 21-6327 et seq., and amendments thereto; and
    (D) interference with the conduct or a religious assembly and
aggravated interference with the conduct of a religious assembly as
defined in section 1, and amendments thereto; and
    (E) any attempt, conspiracy or criminal solicitation as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of the
crimes described in subsection (c)(2)(A), (c)(2)(B) or, (c)(2)(C) or (c)
(2)(D).
    Sec. 5. K.S.A. 21-6205 and K.S.A. 2025 Supp. 75-702 are hereby
repealed.
    Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
                                                                 Speaker of the House.
                                                              Chief Clerk of the House.
Passed the SENATE
         as amended
                                                                   President of the Senate.
                                                                   Secretary of the Senate.
APPROVED ______________________________________________________________________________
                                                                                 Governor.