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Bill Would Make It A Felony To Report False Complaints Of Police Abuse

Written by John Odermatt on March 21, 2014

There is a bill in the Kansas legislature that is a bad cop’s dream. House Bill 2698 would raise cops even higher above the rest of society by requiring anyone filing a complaint against a police officer to first sign a sworn affidavit clearly stating the allegation. If during the ensuing investigation clear evidence shows the claim to be false, then the complainant could face perjury charges.

The wording is so incredibly skewed in favor of law enforcement that it wouldn’t be surprising to find out a retired cop penned the legislation. The devil is in the details of this bill.

There is a provision in the bill that would exempt law enforcement officers from making any oral or written statements regarding a complaint filed against them until they have been made fully aware of all facts related to the allegation, received a copy of the complaint, and all evidence related to the complaint.

A person with even a modicum of common sense would realize how this provision could be abused by law enforcement. It provides police officers the opportunity to review the evidence against them in its entirety before being required to make a statement regarding the alleged incident. This is ironic, because it is counter to the manner in which police officers operate. The common man, when suspected of a crime, is never given the opportunity to review any part of the case against them prior to being questioned.

This terrible piece of legislation also states that once a complaint is found to be false a record of the allegation will not be included in the officer’s file and cannot be used against the officer in a subsequent disciplinary or promotion decision. The bill also states that once a law enforcement agency has cleared an officer of a complaint, no other law enforcement agency is allowed to open a separate investigation.

This means that the Kansas State Police would not be allowed to investigate if a local town or city police department is covering up misconduct. The complaints would only be reviewed by the implicated officer’s direct peers. If they clear him of wrongdoing, then the allegation is virtually erased and cannot be followed up on by another law enforcement agency at a later date.

According to the website Kansas Exposed the police in Wichita already have civilians conditioned not to file complaints against law enforcement.

In other words, this bill would allow police departments to arrest the people who file complaints against police officers. In Wichita, Kansas, complaints are almost always dismissed, by the Wichita Police Department, so, according to this bill and its vague wording, the WPD, could now go arrest the people who file complaints against their officers.

People in Wichita are already afraid to file complaints against the WPD, because the department has a well-known reputation for retaliating against those who do, and this bill would render such retaliation legal. Furthermore, the bill clearly prevents an outside agency, such as the Kansas Bureau of Investigations, from opening an investigation into an allegation that the WPD has already ruled upon.

According to the Racial Profiling Advisory Board, the WPD denied 100 out of 100 claims of racial profiling, ruling that each was a “false report”. If this bill had been law when those reports were made, every one of those 100 people could have potentially faced a felony charge, and no other law enforcement agency would be permitted to investigate the allegations.

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7 thoughts on “Bill Would Make It A Felony To Report False Complaints Of Police Abuse

  1. criminals protecting themselves from prosecution, anti-american communist crap.

  2. Sometime soon, there will be vigilante action.

  3. dadzrites says:

    Research what happened in Athens, Tennessee right after WWII after local cops and politicians attempted to fraudulently throw the mayor's election and the corruption involved.

  4. The key word is FALSE. The criminal class has always claimed police abuse; sometimes it has been true but usually brought on by their own behavior. Somewhere between the "cops are always wrong" crowd and "the criminal deserved it" bunch lies the truth. Each case must be weighed individually.

  5. I can't figure out how the writer of this article could assume that this law was written by a retired cop. I would suggest that this law was written and conceived by a union leader who is doing what they always do. Protecting their cash cow's while cementing the loyalty of their most vile union members, who will carry out whatever dirty deed is necessary to achieve union directives. We all know that these dirty deeds are protected by law from prosecution as long as the deed as long as the deed advances union business.

  6. True enough. If we lose peaceful redress of grievances, then those grievances WILL, sooner or later, erupt into violent redress. I wouldn't have a problem with most of this proposed law…. the main problem is that any complaint is filed with, then dealt with by, the department in question. In other words, the hens can file a complaint about Reynard the Fox for eating Henrietta, that complaint goes to Rex, the chief fox, and he and his closest pals get to decide whether Reynard did anythign wrong. If they decide not, then not only is the one filing the grievance tonight's supper, but the one filing the allegations cannot take the matter up with Farmer Brown. So, that whole dynamic reeks of rotting chicken gizzerds.

    IF this law provided that such complaints be dealt with by a non0iinvolved citizen grand jury, with no ties to either side, it would be another matter, and that cizizen tribunal MUST have the potential of referring the matter to a higher authority, such as the State Police, FBI, whatever. I've experienced the retaliation of a small town cop when I beat him in a stupid case he never should have pressed. He lacked the stones to really aggress against me.. I suppose he figured too many other folks in town knew what had gone on, and if I'd "disappeared" suspicions would have run high. He did get some petty payback… but I still beat him at his big game. Cops are far too protected, and when they lack integrity things get REAL scary real fast. They get too scary, folks will simply realise that line past which they shall not cross had been crossed…. and Lexington and COncord will happen all over again.

  7. Bad idea Kansas. All you will do is contribute to the coming war brewing between the people and the government by contributing to making the people more a victim than we already are.