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