Committee hears bill to increase penalties for large‑scale grain theft, setting a 400‑bushel threshold

The Committee on Judiciary heard House Bill 2422, which creates a new subsection making theft of "grain" that meets a volume threshold a severity level 6 nonperson felony. Jason Thompson of the Reviser’s office said the bill defines grain to include specified cereals (barley, corn, wheat) and other federally regulated food grains and sets a minimum of 400 bushels to qualify; the change would take effect July 1 if adopted.

Proponents — including Representative Kevin Swartzweger, Randy Stuckey of the Kansas Grain and Feed Association, Mike Schmidt (Price Ag Resources), and Russell Plaschka (Kansas Cooperative Council) — urged the committee to adopt the bill to address recurring thefts from on‑farm storage and remote grain piles. Randy Stuckey explained why a 400‑bushel threshold was chosen: "That 400 bushels could be $1,600, but in 2 years, it could be $3,200." He argued a volume metric avoids fluctuating dollar values and better reflects the practical scale of theft for rural producers. Mike Schmidt recounted an internal theft scheme that grew to "about 4,000 bushels" and said the company received little restitution.

Committee members pressed proponents on how the 400‑bushel figure was derived, whether the change would meaningfully alter prosecutorial priorities and sentencing, and whether certain seeds or oils (the transcript raised a 7 USC reference) might be included by cross‑reference. Proponents said the number approximates a farm‑truck load (smaller than a semi) and that severity level 6 offers a sentencing “border box” allowing judges to consider criminal history and circumstances rather than leaving many cases at presumptive probation.

Proponents acknowledged they could not supply statewide counts of incidents meeting the 400‑bushel threshold during the hearing; the Reviser's office and proponents said they would consult subject‑matter experts and legal references (7 USC chapter 3) to confirm which grains or seeds are covered. The committee closed the hearing on HB 2422 with written proponents noted and did not take a vote.