Kansas 2025-2026 Regular Session

Kansas Senate Bill SB96

Introduced
1/28/25  

Caption

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

Impact

If passed, SB96 will amend existing Kansas statutes related to civil rights and law enforcement accountability. Specifically, it provides a civil cause of action for victims who suffer due to the deprivation of their rights, allowing them to seek compensatory damages. A prevailing plaintiff could recover up to three times their actual damages or $10,000, whichever is greater, indicating a strong stance towards victim restitution. Additionally, SB96 sets a three-year statute of limitations on filing related claims which will enable victims to seek justice without the pressure of immediate legal deadlines.

Summary

Senate Bill 96 seeks to establish the crime of deprivation of rights under color of law in Kansas. The bill defines such deprivation as actions taken by individuals while executing their authority, which knowingly inflict bodily harm, great bodily harm, or emotional distress on others while violating their constitutional rights. The new statute would classify these offenses into varying degrees of severity, with misdemeanor charges for certain categories of harm and higher-level felonies for more significant injuries or damages. The framework introduced aims to ensure that individuals in positions of authority are held accountable when they abuse their power.

Contention

The key points of contention surrounding SB96 relate to the scope of accountability it seeks to impose on law enforcement and public officials. Critics may argue that the bill could lead to potential overreach, where law enforcement personnel may be subjected to frivilous lawsuits, thereby inhibiting their ability to perform their duties effectively. Moreover, concerns may arise regarding the implementation of these provisions and the actual impact on community relations with law enforcement. Proponents, however, argue that these measures are necessary to provide essential protections for citizens against abuses of power.

Law_changes

By creating a new category of criminal and civil liability tied to the abuse of authority, SB96 aims to enhance the framework of accountability for public officials in Kansas. The law will amend the criminal code to include these specific violations, thereby integrating them into the legal systems governing law enforcement and constitutional protections, which could have significant implications for law enforcement training, policies, and public perceptions.

Companion Bills

No companion bills found.

Previously Filed As

KS SB186

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 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 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 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 SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.

KS HB2350

Creating the crimes of human smuggling and aggravated human smuggling and providing penalties therefor.

KS HB2067

Increasing the felony loss thresholds for certain property crimes to match the crime of theft.

KS HB2128

Creating definitions of "intimate partner" and "intimate partner violence" in the Kansas criminal code and requiring certain considerations be made in determining bond when a crime is committed against an intimate partner.

KS HB2010

Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.

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