Bill CommentaryThe foundation of this bill rests heavily on the origin of civil rights in the 14th Amendment and the power of the Congress of the United States to implement the provisions of the amendment. Specifically, Section 1983 of the Civil Rights Act classifies actions taken “under the color of law” that deprive any person of their rights as a violation of their civil rights. This proposed bill supplements those protections through specific actions at the state level. Further, it’s important to recognize that the only exemption given by Congress to the provisions of this section or the application of the Federal Law was to judges. That was a very specific exemption. This means that all other governmental officials or others “acting under the color of law” are not exempted. Not even laws written to provide immunity erase the impact of this law unless the other statute granting immunity specifically cites the Civil Rights Act and exempts the subjects in the new law from that act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF __________:
Section 1. Short Title.
This Act shall be known and may be cited as the “Civil Liberties and Due Process Protection Act.”
Section 2. Legislative Findings and Purpose.
The Legislature finds that:
- The concealment of identity by persons acting under color of law undermines public trust, accountability, and constitutional governance.
- The restraint of a person’s liberty without imminent justification violates fundamental rights guaranteed by the Constitutions of the United States and this State.
- Prolonged detention without prompt judicial review erodes due process and risks unlawful deprivation of liberty.
The purpose of this Act is to safeguard civil rights, ensure transparency in law enforcement and governmental authority, and provide clear limits and penalties for abuses of power committed under color of law.
Section 3. Definitions.
For purposes of this Act, unless the context clearly requires otherwise:
- “Acting under color of law” means exercising or purporting to exercise authority derived from any federal, state, county, municipal, or other governmental law, regulation, policy, or custom.
- “Law enforcement personnel” means any sworn or unsworn officer, agent, or employee of a governmental entity authorized or purporting to enforce criminal, civil, or administrative laws.
- “Highly visible identification” means a clearly legible name, badge number, or agency designation displayed on the exterior of clothing in a manner reasonably visible to the public.
- “Taken into custody” means any arrest, detention, restraint, or limitation on freedom of movement, whether physical or constructive.
- “Grave imminent threat” means a clear, immediate, and articulable risk of serious bodily harm or death to law enforcement personnel or another person.
- “Judge of competent jurisdiction” means a judicial officer lawfully authorized to hear criminal or civil detention matters within this State.
Section 4. Prohibited Conduct.
(a) Concealment of Identity Prohibited.
It shall be unlawful for any person acting under color of law, including law enforcement personnel or any person purporting to enforce the laws of this State or of the United States, to:
- Conceal his or her identity by wearing a face mask or other covering that obscures identification; and
- Fail to display highly visible identification of the organization or agency under whose authority the person is acting on the exterior of his or her clothing.
(b) Unlawful Custody or Restraint.
It shall be unlawful for any person acting under color of law to take any individual into custody or otherwise limit that individual’s freedom of movement unless the individual represents a grave imminent threat to law enforcement personnel or any other member of the community, or there is a lawful arrest warrant for the individual in question.
(c) Judicial Review of Detention Required.
No person shall be taken into custody in this State unless that person is brought before a judge of competent jurisdiction within this State for a hearing on the appropriateness and legality of such detention within seventy-two (72) hours of being taken into custody.
Section 5. Civil Rights Violations Preserved.
Any violation of Sections 4(a), 4(b), or 4(c) of this Act shall constitute conduct undertaken under color of law for purposes of federal and state civil rights statutes. Nothing in this Act shall be construed to limit, preempt, or waive any remedy available under:
- The Constitution of the United States;
- The Constitution of this State; or
- Any federal or state civil rights law.
Section 6. Criminal Penalties.
Any person who knowingly violates any provision of Sections 4(a), 4(b), or 4(c) of this Act shall, upon conviction, be guilty of a felony and shall be subject to all of the following penalties:
- A fine of not less than ten thousand dollars ($10,000);
- Imprisonment for a term of not less than six (6) months;
- Any additional penalties otherwise authorized by law.
Section 7. Restitution.
In addition to any other penalty imposed under this Act, the court shall order full monetary restitution to any individual harmed, detained, injured, or otherwise damaged as a result of a violation of this Act, including but not limited to:
- Medical expenses;
- Lost wages;
- Legal costs;
- Emotional distress damages;
- Any other provable economic or non-economic losses.
Section 8. No Immunity.
Qualified immunity, sovereign immunity, or any similar doctrine shall not bar prosecution, conviction, or restitution under this Act to the extent permitted by the Constitution of the United States.
Section 9. Severability.
If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application.
Section 10. Effective Date.
This Act shall take effect on _____________.
