22-3008.Witnesses; immunity.(1) Whenever required by any grand jury, its presiding juror or the prosecutingattorney, the clerk of the court in which the jury isimpaneled shall issue subpoenas and other process to bring witnesses totestify before the grand jury.
(2) If any witness duly summoned to appear and testify before a grand juryfails or refuses to obey, compulsory process shall be issued to enforce thewitness' attendance, and the court may punish thedelinquent in the same manner and upon the same proceedings as provided bylaw for disobedience of a subpoena issued out of the court in other cases.
(3) If any witness appearing before a grand jury refuses totestify or to answer any questions asked in the course of the witness'examination, the fact shall be communicated to a district judge of the judicialdistrict in writing, on whichthe question refused to be answered shall be stated. The judgeshall then determine whether the witness is bound to answer or not,and the grand jury shall be immediately informed of the decision.
(4) No witness before a grand jury shall be required to incriminate thewitness' self.
(5) (a) The county or district attorney, or the attorney general, atany time, on behalf of the state, and the district judge, upon determinationthat the interest of justice requires, and after giving notice to theprosecuting attorney and hearing the prosecuting attorney's recommendations onthe matter, may grant in writing to any person:
(i) Transactional immunity. Any person granted transactional immunityshall not be prosecuted for any crime which has been committed for which suchimmunity is granted or for any other transactions arising out of the sameincident.
(ii) Use and derivative immunity. Any person granted use and derivative useimmunity may be prosecuted for any crime, but the state shall not use anytestimony against such person provided under a grant of such immunity or anyevidence derived from such testimony. Any defendant may file with the court amotion tosuppress in writing to prevent the state from using evidence on the groundsthat the evidence was derived from and obtained against the defendant as aresultof testimony or statements made under such grant of immunity. The motion shallstate facts supporting the allegations. Upon a hearing on such motion, thestate shall have the burden to prove by clear and convincing evidence that theevidence was obtained independently and from a collateral source.
(b) Any person granted immunity under either or both of subsections (5)(a)(i)or (ii) may not refuse to testify on grounds that such testimony may selfincriminate unless such testimony may form the basis for a violation of federallaw for which immunity under federal law has not been conferred. No personshall be compelled to testify in any proceeding where the person is adefendant.
(c) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto which was committed in giving such evidence.
(6) If the judge determines that the witness must answerand if thewitness persists in refusing to answer, the witness shall be broughtbefore the judge, who shall proceed in the same manner as if the witnesshad been interrogated and had refused to answer in open court.
History: L. 1970, ch. 129, § 22-3008; L. 1976, ch. 163, § 13;L. 1984, ch. 112, § 19;L. 1986, ch. 115, § 62;L. 1999, ch. 56, § 1; July 1.
22-3008.Witnesses; immunity.(1) Whenever required by any grand jury, its presiding juror or the prosecutingattorney, the clerk of the court in which the jury isimpaneled shall issue subpoenas and other process to bring witnesses totestify before the grand jury.
(2) If any witness duly summoned to appear and testify before a grand juryfails or refuses to obey, compulsory process shall be issued to enforce thewitness' attendance, and the court may punish thedelinquent in the same manner and upon the same proceedings as provided bylaw for disobedience of a subpoena issued out of the court in other cases.
(3) If any witness appearing before a grand jury refuses totestify or to answer any questions asked in the course of the witness'examination, the fact shall be communicated to a district judge of the judicialdistrict in writing, on whichthe question refused to be answered shall be stated. The judgeshall then determine whether the witness is bound to answer or not,and the grand jury shall be immediately informed of the decision.
(4) No witness before a grand jury shall be required to incriminate thewitness' self.
(5) (a) The county or district attorney, or the attorney general, atany time, on behalf of the state, and the district judge, upon determinationthat the interest of justice requires, and after giving notice to theprosecuting attorney and hearing the prosecuting attorney's recommendations onthe matter, may grant in writing to any person:
(i) Transactional immunity. Any person granted transactional immunityshall not be prosecuted for any crime which has been committed for which suchimmunity is granted or for any other transactions arising out of the sameincident.
(ii) Use and derivative immunity. Any person granted use and derivative useimmunity may be prosecuted for any crime, but the state shall not use anytestimony against such person provided under a grant of such immunity or anyevidence derived from such testimony. Any defendant may file with the court amotion tosuppress in writing to prevent the state from using evidence on the groundsthat the evidence was derived from and obtained against the defendant as aresultof testimony or statements made under such grant of immunity. The motion shallstate facts supporting the allegations. Upon a hearing on such motion, thestate shall have the burden to prove by clear and convincing evidence that theevidence was obtained independently and from a collateral source.
(b) Any person granted immunity under either or both of subsections (5)(a)(i)or (ii) may not refuse to testify on grounds that such testimony may selfincriminate unless such testimony may form the basis for a violation of federallaw for which immunity under federal law has not been conferred. No personshall be compelled to testify in any proceeding where the person is adefendant.
(c) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto which was committed in giving such evidence.
(6) If the judge determines that the witness must answerand if thewitness persists in refusing to answer, the witness shall be broughtbefore the judge, who shall proceed in the same manner as if the witnesshad been interrogated and had refused to answer in open court.
History: L. 1970, ch. 129, § 22-3008; L. 1976, ch. 163, § 13;L. 1984, ch. 112, § 19;L. 1986, ch. 115, § 62;L. 1999, ch. 56, § 1; July 1.
22-3008.Witnesses; immunity.(1) Whenever required by any grand jury, its presiding juror or the prosecutingattorney, the clerk of the court in which the jury isimpaneled shall issue subpoenas and other process to bring witnesses totestify before the grand jury.
(2) If any witness duly summoned to appear and testify before a grand juryfails or refuses to obey, compulsory process shall be issued to enforce thewitness' attendance, and the court may punish thedelinquent in the same manner and upon the same proceedings as provided bylaw for disobedience of a subpoena issued out of the court in other cases.
(3) If any witness appearing before a grand jury refuses totestify or to answer any questions asked in the course of the witness'examination, the fact shall be communicated to a district judge of the judicialdistrict in writing, on whichthe question refused to be answered shall be stated. The judgeshall then determine whether the witness is bound to answer or not,and the grand jury shall be immediately informed of the decision.
(4) No witness before a grand jury shall be required to incriminate thewitness' self.
(5) (a) The county or district attorney, or the attorney general, atany time, on behalf of the state, and the district judge, upon determinationthat the interest of justice requires, and after giving notice to theprosecuting attorney and hearing the prosecuting attorney's recommendations onthe matter, may grant in writing to any person:
(i) Transactional immunity. Any person granted transactional immunityshall not be prosecuted for any crime which has been committed for which suchimmunity is granted or for any other transactions arising out of the sameincident.
(ii) Use and derivative immunity. Any person granted use and derivative useimmunity may be prosecuted for any crime, but the state shall not use anytestimony against such person provided under a grant of such immunity or anyevidence derived from such testimony. Any defendant may file with the court amotion tosuppress in writing to prevent the state from using evidence on the groundsthat the evidence was derived from and obtained against the defendant as aresultof testimony or statements made under such grant of immunity. The motion shallstate facts supporting the allegations. Upon a hearing on such motion, thestate shall have the burden to prove by clear and convincing evidence that theevidence was obtained independently and from a collateral source.
(b) Any person granted immunity under either or both of subsections (5)(a)(i)or (ii) may not refuse to testify on grounds that such testimony may selfincriminate unless such testimony may form the basis for a violation of federallaw for which immunity under federal law has not been conferred. No personshall be compelled to testify in any proceeding where the person is adefendant.
(c) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto which was committed in giving such evidence.
(6) If the judge determines that the witness must answerand if thewitness persists in refusing to answer, the witness shall be broughtbefore the judge, who shall proceed in the same manner as if the witnesshad been interrogated and had refused to answer in open court.
History: L. 1970, ch. 129, § 22-3008; L. 1976, ch. 163, § 13;L. 1984, ch. 112, § 19;L. 1986, ch. 115, § 62;L. 1999, ch. 56, § 1; July 1.
