The bill establishes the crime of "deprivation of rights under color of law," which criminalizes actions by individuals that knowingly infringe upon the rights, privileges, or immunities guaranteed by the U.S. Constitution or Kansas law. The bill outlines various forms of deprivation, including causing bodily harm, mental anguish, or monetary loss, and assigns specific penalties based on the severity of the offense. For instance, actions resulting in bodily harm or emotional distress are classified as misdemeanors, while those causing great bodily harm or significant monetary loss are classified as felonies. Additionally, the bill allows victims to seek restitution and provides a civil cause of action for those harmed by such conduct.
Furthermore, the bill amends K.S.A. 22-3424 to include provisions for restitution in cases of deprivation of rights under color of law, ensuring that victims can recover expenses incurred due to the offense, including attorney fees. It also allows the attorney general to pursue cases on behalf of victims and stipulates that any civil action must be filed within three years of discovering the violation. The existing section of K.S.A. 22-3424 is repealed, and the new provisions are intended to enhance protections for victims and hold offenders accountable.
Statutes affected: As Introduced: 74-7312, 22-3424
As introduced: 74-7312, 22-3424