22-3415.Laws applicable to witnesses; immunity from prosecution orpunishment.(a) The provisions of law in civil cases relative tocompelling the attendance and testimony of witnesses, their examination, theadministration of oaths and affirmations, and proceedings as for contempt,to enforce the remedies and protect the rights of the parties, shall extendto criminal cases so far as they are in their nature applicable, unlessother provision is made by statute.
(b) The county or district attorney or the attorney general may at anytime,on behalf of the state, grant in writing to any person:
(1) 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.
(2) 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 to suppress in writing to prevent the state from using evidence on thegrounds that the evidence was derived from and obtained against the defendantas a result of testimony or statements made under such grant of immunity. Themotion shall state facts supporting the allegations. Upon a hearing on suchmotion, the state shall have the burden to prove by clear and convincingevidence that the evidence was obtained independently and from a collateralsource.
(c) Any person granted immunity under either or both of subsection (b)(1) or(2) 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.
(d) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto which was committed in giving such evidence.
History: L. 1970, ch. 129, § 22-3415; L. 1972, ch. 122, § 1;L. 1999, ch. 56, § 3; July 1.
22-3415.Laws applicable to witnesses; immunity from prosecution orpunishment.(a) The provisions of law in civil cases relative tocompelling the attendance and testimony of witnesses, their examination, theadministration of oaths and affirmations, and proceedings as for contempt,to enforce the remedies and protect the rights of the parties, shall extendto criminal cases so far as they are in their nature applicable, unlessother provision is made by statute.
(b) The county or district attorney or the attorney general may at anytime,on behalf of the state, grant in writing to any person:
(1) 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.
(2) 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 to suppress in writing to prevent the state from using evidence on thegrounds that the evidence was derived from and obtained against the defendantas a result of testimony or statements made under such grant of immunity. Themotion shall state facts supporting the allegations. Upon a hearing on suchmotion, the state shall have the burden to prove by clear and convincingevidence that the evidence was obtained independently and from a collateralsource.
(c) Any person granted immunity under either or both of subsection (b)(1) or(2) 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.
(d) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto which was committed in giving such evidence.
History: L. 1970, ch. 129, § 22-3415; L. 1972, ch. 122, § 1;L. 1999, ch. 56, § 3; July 1.
22-3415.Laws applicable to witnesses; immunity from prosecution orpunishment.(a) The provisions of law in civil cases relative tocompelling the attendance and testimony of witnesses, their examination, theadministration of oaths and affirmations, and proceedings as for contempt,to enforce the remedies and protect the rights of the parties, shall extendto criminal cases so far as they are in their nature applicable, unlessother provision is made by statute.
(b) The county or district attorney or the attorney general may at anytime,on behalf of the state, grant in writing to any person:
(1) 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.
(2) 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 to suppress in writing to prevent the state from using evidence on thegrounds that the evidence was derived from and obtained against the defendantas a result of testimony or statements made under such grant of immunity. Themotion shall state facts supporting the allegations. Upon a hearing on suchmotion, the state shall have the burden to prove by clear and convincingevidence that the evidence was obtained independently and from a collateralsource.
(c) Any person granted immunity under either or both of subsection (b)(1) or(2) 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.
(d) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto which was committed in giving such evidence.
History: L. 1970, ch. 129, § 22-3415; L. 1972, ch. 122, § 1;L. 1999, ch. 56, § 3; July 1.
