Kansas 2023-2024 Regular Session

Kansas Senate Bill SB186

Introduced
2/7/23  
Refer
2/8/23  

Caption

Creating the crime of deprivation of rights under color of law and providing a civil action for victims.

Impact

The implementation of SB186 would potentially lead to significant changes in state laws concerning law enforcement accountability and civil rights protections. By framing certain actions as criminal under the guise of legal authority, the bill intends to enhance the protections for individuals against abuses by officials. The bill may prompt revisions to existing criminal justice policies and could incite discussions regarding the standards of conduct expected from law enforcement personnel, further influencing training and operational protocols.

Summary

SB186 is a proposed piece of legislation that aims to create the crime of deprivation of rights under color of law, targeting unlawful actions taken by individuals acting in official capacities. This bill seeks to provide a civil action for victims who have experienced violations of their rights perpetrated by law enforcement officers or other government officials. By establishing clear legal mechanisms for accountability, this bill aims to empower victims with the resources to seek restitution and justice against misconduct by state actors.

Contention

Points of contention surrounding SB186 primarily include concerns about its implications for law enforcement practices and the potential for misuse of the civil action provisions. Advocates argue that the bill is a necessary measure to protect citizens' rights and promote accountability among law enforcement officials. However, opponents may fear that the bill could lead to increased litigation against officers, complicating their ability to perform their duties effectively and potentially impacting public safety. This dichotomy highlights the ongoing debate about balancing civil rights protections with law enforcement operational requirements.

Companion Bills

No companion bills found.

Previously Filed As

KS SB96

Creating the crime of deprivation of rights under color of law and providing a civil action for victims.

KS HB2023

Creating the crime of interference with the conduct of a healthcare facility, providing criminal penalties for violation thereof and increasing the criminal penalties for battery of a healthcare provider.

KS HB614

Relating to a cause of action for deprivation of certain rights, privileges, or immunities under color of law.

KS H0829

Civil Actions for Deprivation of Rights, Privileges, or Immunities

KS SB415

Creating the crime of organized retail crime, providing criminal penalties for violation thereof, increasing the criminal penalties for theft of certain property, including organized retail crime in the definition of racketeering activity under the Kansas racketeer influenced and corrupt organization act and authorizing the attorney general to prosecute crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS SB245

Providing that no person shall be sentenced to death for crimes committed after July 1, 2025, and creating the crime of aggravated murder.

KS HB2272

Providing that no person shall be sentenced to death for crimes committed after July 1, 2025, and creating the crime of aggravated murder.

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS HB2144

Senate Substitute for HB 2144 by Committee on Judiciary - Creating the crimes of encouraging suicide and organized retail crime, providing criminal penalties for violation thereof, including organized retail crime in the definition of racketeering activity under the Kansas racketeer influenced and corrupt organization act and authorizing the attorney general to prosecute specified crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS HB2641

Relating to a civil action for deprivation of rights.

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