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22-4611

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 46.--GENERAL PROVISIONS

22-4611. Same; complaints, procedure; civilaction.(a) Any person who believes such person has been subjected toracialprofiling bya law enforcement officer or agency may file a complaint with the lawenforcement agency. Thecomplainant may also file a complaint with theKansas human rights commission. The commissionshallreview and, if necessary, investigate the complaint. The commission'sdesignee shall consult with the head of the law enforcement agency beforemaking finalrecommendations regarding discipline of any law enforcement officer or otherdisposition of thecomplaint.

(b) Upon disposition of a complaint as provided for in subsection (a) thecomplainant shallhave a civil cause of action in the district court against the law enforcementofficer or lawenforcement agency, or both, and shall be entitled to recover damages if it isdetermined by thecourt that such persons or agency engaged in racial profiling. The court mayallow the prevailingparty reasonable attorney fees and court costs.

History: L. 2005, ch. 159, § 6; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article46 > Statutes_12606

22-4611

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 46.--GENERAL PROVISIONS

22-4611. Same; complaints, procedure; civilaction.(a) Any person who believes such person has been subjected toracialprofiling bya law enforcement officer or agency may file a complaint with the lawenforcement agency. Thecomplainant may also file a complaint with theKansas human rights commission. The commissionshallreview and, if necessary, investigate the complaint. The commission'sdesignee shall consult with the head of the law enforcement agency beforemaking finalrecommendations regarding discipline of any law enforcement officer or otherdisposition of thecomplaint.

(b) Upon disposition of a complaint as provided for in subsection (a) thecomplainant shallhave a civil cause of action in the district court against the law enforcementofficer or lawenforcement agency, or both, and shall be entitled to recover damages if it isdetermined by thecourt that such persons or agency engaged in racial profiling. The court mayallow the prevailingparty reasonable attorney fees and court costs.

History: L. 2005, ch. 159, § 6; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter22 > Article46 > Statutes_12606

22-4611

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 46.--GENERAL PROVISIONS

22-4611. Same; complaints, procedure; civilaction.(a) Any person who believes such person has been subjected toracialprofiling bya law enforcement officer or agency may file a complaint with the lawenforcement agency. Thecomplainant may also file a complaint with theKansas human rights commission. The commissionshallreview and, if necessary, investigate the complaint. The commission'sdesignee shall consult with the head of the law enforcement agency beforemaking finalrecommendations regarding discipline of any law enforcement officer or otherdisposition of thecomplaint.

(b) Upon disposition of a complaint as provided for in subsection (a) thecomplainant shallhave a civil cause of action in the district court against the law enforcementofficer or lawenforcement agency, or both, and shall be entitled to recover damages if it isdetermined by thecourt that such persons or agency engaged in racial profiling. The court mayallow the prevailingparty reasonable attorney fees and court costs.

History: L. 2005, ch. 159, § 6; July 1.