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Bill

SB 96

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

2025-2026 Regular Session Introduced by David Haley

Kansas SB 96 criminalizes and provides civil remedies for government officials who deliberately deprive citizens of constitutional rights while acting under official authority.

Died in Committee
#civilprocedureandcivilactions #crimes #punishmentandcriminalprocedure
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Bill Summary · SB 96

Legislative bill overview

SB 96 creates a new criminal offense in Kansas for deprivation of rights under color of law and establishes a civil cause of action for victims. The bill targets actions by government officials or those acting under government authority who deliberately deprive individuals of constitutional or statutory rights.

Why is this important

This legislation addresses accountability for official misconduct, particularly relevant given high-profile cases of police violence and civil rights violations. It provides both criminal penalties for wrongdoers and a direct pathway for victims to seek civil remedies without relying solely on federal law (like 42 U.S.C. § 1983).

Potential points of contention

  • Qualified immunity considerations: The bill's interaction with existing qualified immunity doctrines could create overlapping or conflicting legal standards for law enforcement and public officials
  • Scope definition: The precise language defining what constitutes "deprivation of rights under color of law" may be ambiguous, potentially leading to over-enforcement or inconsistent application
  • Chilling effect concerns: Law enforcement and government agencies may argue overly broad provisions could discourage necessary official action or create liability for good-faith errors
  • Criminal vs. civil burden: Different standards of proof between criminal prosecution and civil liability could create asymmetrical outcomes for similar conduct

Compiled from official sources — confirm details with the bill’s official record.

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