SB 96 — Creating the crime of deprivation of rights under color of law and providing a civil action for victims.

Bill Text

• Introduced As Introduced Current pdf

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The bill creates a new crime of deprivation of rights under color of law in Kansas, establishing penalties and a civil cause of action for victims.

• Deprivation of rights under color of law is any action by any person, under color of any law, statute, county resolution, ordinance or regulation, that knowingly subjects another person to the deprivation of any rights, privileges or immunities secured or protected by the constitution or laws of the United States or the state of Kansas, by causing: (1) Bodily harm to another person; (2) great bodily harm to another person or disfigurement of another person; (3) bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; (4) physical contact with another person when done in a rude, insulting or angry manner, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; (5) mental anguish, emotional harm, embarrassment or similar distress to another person; or (6) monetary loss to another person.

  Establishes a new definition of deprivation of rights under color of law that includes various forms of harm.

• Deprivation of rights under color of law as described in: (1) Subsection (a)(1) or (a)(5) is a class B person misdemeanor; (2) subsection (a)(2) is a severity level 4, person felony; (3) subsection (a)(3) or (a)(4) is a severity level 7, person felony; (4) subsection (a)(6), when the monetary loss is: (A) Less than $1,000, is a class Anonperson misdemeanor; (B) at least $1,000, but less than $25,000, is a severity level 9, nonperson felony; and (C) $25,000 or more, is a severity level 7, nonperson felony.

  Establishes specific criminal penalties for different types of deprivation of rights under color of law.

• A person injured as a result of the conduct of another that would constitute conduct prohibited by section 1, and amendments thereto, may bring an action in an appropriate state court against the person or persons who engaged in such conduct.

  Provides a civil cause of action for victims of deprivation of rights under color of law.

• In any action brought under this section, a prevailing plaintiff shall recover up to three times the actual damages such person sustained or $10,000, whichever is greater, and the cost of the suit, including reasonable attorney fees.

  Allows victims to recover substantial damages and legal costs in civil actions.

• The court shall order a person convicted of deprivation of rights under color of law section 1, and amendments thereto, to pay restitution to the victim of the offense for expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney fees and costs.

  Mandates restitution for victims from individuals convicted of deprivation of rights under color of law.

• K.S.A. 22-3424

  K.S.A. 22-3424 is hereby amended to read as follows: 22-3424. → The court shall order a person convicted of deprivation of rights under color of law section 1, and amendments thereto, to pay restitution to the victim of the offense for expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney fees and costs.

  Adds the requirement for restitution in cases of deprivation of rights under color of law to existing law regarding sentencing.

• K.S.A. 22-3424

  Sec. 4. K.S.A. 22-3424 is hereby repealed.

  Repeals the existing statute section K.S.A. 22-3424.

Action History

1. April 10, 2026

   Died in Committee

2. January 29, 2025

   Referred to Senate Committee on Judiciary

3. January 28, 2025

   Introduced

Sponsors

• David Haley · Primary

Subjects