This bill establishes the crime of "deprivation of rights under color of law," which refers to actions taken by individuals under the guise of legal authority that knowingly infringe upon the rights, privileges, or immunities guaranteed by the U.S. Constitution or Kansas law. The bill outlines various forms of such deprivation, including causing bodily harm, emotional distress, or financial loss, and assigns specific criminal penalties based on the severity of the offense. For instance, actions resulting in bodily harm are classified as a class B misdemeanor, while those causing great bodily harm or disfigurement are classified as severity level 4 felonies. Additionally, the bill amends K.S.A. 22-3424 to include provisions for restitution to victims of these offenses.
Furthermore, the bill allows victims to pursue civil action against offenders, enabling them to recover damages up to three times the actual losses incurred or $10,000, whichever is greater, along with legal costs. It stipulates a three-year statute of limitations for filing such actions and permits the attorney general to represent victims in these cases. The bill also mandates that individuals convicted of deprivation of rights under color of law must pay restitution to the victims for expenses incurred as a result of the offense. The existing section of K.S.A. 22-3424 is repealed, and the new provisions are intended to enhance accountability and provide recourse for victims of rights violations.
Statutes affected: As introduced: 74-7312, 22-3424