60-4118.Powers of enforcement personnel.(a) A county attorney, district attorney, the attorneygeneralor such attorney's designee may conduct aninvestigation of alleged conduct in violation of this act. Suchattorney is authorized, before commencement of anycivil proceeding or action under this act, to subpoena witnesses,compel such attendance, examine witnesses under oath, and require theproduction of documentary evidence for inspection, reproducing orcopying.Except as otherwise provided by thissection, such attorney shall proceed under this subsection with thesame powers and limitations, and judicial oversight and enforcement, and in themanner provided by this act and by K.S.A. 22-3101 et seq., and amendmentsthereto.
(b) The examination of all witnesses under this section shallbe conducted by the attorney or such attorney's designee beforea person authorized to administer oaths. The testimony shall betaken stenographically or by a sound recording device and may betranscribed. The attorney shall exclude from the placewhere the examination is held all persons except the person beingexamined, such person's counsel, if any, the authorizedindividual or individuals before whom the testimony is to be taken, lawenforcement officials and any stenographer taking such testimony.Prior to oral examination, the person shall be advised of such person's rightto refuse to answer any questions on the basis of the privilegeagainst self-incrimination. The examination shall be conducted ina manner consistent with the taking of depositions under thecode of civil procedure.
(c) Except as otherwise provided in this act, no documentarymaterial, transcripts, oral testimony or copies of it in thepossession of the attorney shall be available, prior tothe filing of a civil or criminal proceeding or action relating toit, for examination by any individual other than a law enforcementofficer or agent of such officer without the consent of theperson who produced the material or transcripts.
(d) No person, with intent to avoid, evade, prevent, orobstruct compliance in whole or in part by any person with any dulyserved subpoena of the attorney under this section,shall knowingly remove from any place, conceal, withhold, destroy,mutilate any documentary material that is the subject of asubpoena. A violation of this subsection shall be a class Bnonperson misdemeanor.
(e) Acts or omissions by the attorneys for the seizing agenciesin the course of the attorney's duties in the enforcement of any of theprovisions of this act, including provision of any legal servicesprior to charging, complaint or seizure, are prosecutorial andshall not subject the attorneys or the attorney's principals to civilliability.
(f) During the investigation of real property and upon probablecause to believe the real property is in violation of this act, butbefore any liens or other proceedings are initiated under this act,a seizing agency may place a notice of potential claim with theregister of deeds in the county in which such real property islocated as notification that a forfeiture investigation is inprogress and that a forfeiture proceeding against such realproperty may be initiated by the seizing agency. Such notice shallautomatically expire 180 days after filing, unless renewed, andshall contain such real property's legal description, the date theinvestigation began, and the name, position, agency, businessaddress, and business telephone number of the person filing suchnotice of potential claim. The notice shall be sworn to andverified in the manner provided for in the filing of lis pendens.The agency shall not be charged a filing or release fee.
60-4118.Powers of enforcement personnel.(a) A county attorney, district attorney, the attorneygeneralor such attorney's designee may conduct aninvestigation of alleged conduct in violation of this act. Suchattorney is authorized, before commencement of anycivil proceeding or action under this act, to subpoena witnesses,compel such attendance, examine witnesses under oath, and require theproduction of documentary evidence for inspection, reproducing orcopying.Except as otherwise provided by thissection, such attorney shall proceed under this subsection with thesame powers and limitations, and judicial oversight and enforcement, and in themanner provided by this act and by K.S.A. 22-3101 et seq., and amendmentsthereto.
(b) The examination of all witnesses under this section shallbe conducted by the attorney or such attorney's designee beforea person authorized to administer oaths. The testimony shall betaken stenographically or by a sound recording device and may betranscribed. The attorney shall exclude from the placewhere the examination is held all persons except the person beingexamined, such person's counsel, if any, the authorizedindividual or individuals before whom the testimony is to be taken, lawenforcement officials and any stenographer taking such testimony.Prior to oral examination, the person shall be advised of such person's rightto refuse to answer any questions on the basis of the privilegeagainst self-incrimination. The examination shall be conducted ina manner consistent with the taking of depositions under thecode of civil procedure.
(c) Except as otherwise provided in this act, no documentarymaterial, transcripts, oral testimony or copies of it in thepossession of the attorney shall be available, prior tothe filing of a civil or criminal proceeding or action relating toit, for examination by any individual other than a law enforcementofficer or agent of such officer without the consent of theperson who produced the material or transcripts.
(d) No person, with intent to avoid, evade, prevent, orobstruct compliance in whole or in part by any person with any dulyserved subpoena of the attorney under this section,shall knowingly remove from any place, conceal, withhold, destroy,mutilate any documentary material that is the subject of asubpoena. A violation of this subsection shall be a class Bnonperson misdemeanor.
(e) Acts or omissions by the attorneys for the seizing agenciesin the course of the attorney's duties in the enforcement of any of theprovisions of this act, including provision of any legal servicesprior to charging, complaint or seizure, are prosecutorial andshall not subject the attorneys or the attorney's principals to civilliability.
(f) During the investigation of real property and upon probablecause to believe the real property is in violation of this act, butbefore any liens or other proceedings are initiated under this act,a seizing agency may place a notice of potential claim with theregister of deeds in the county in which such real property islocated as notification that a forfeiture investigation is inprogress and that a forfeiture proceeding against such realproperty may be initiated by the seizing agency. Such notice shallautomatically expire 180 days after filing, unless renewed, andshall contain such real property's legal description, the date theinvestigation began, and the name, position, agency, businessaddress, and business telephone number of the person filing suchnotice of potential claim. The notice shall be sworn to andverified in the manner provided for in the filing of lis pendens.The agency shall not be charged a filing or release fee.
60-4118.Powers of enforcement personnel.(a) A county attorney, district attorney, the attorneygeneralor such attorney's designee may conduct aninvestigation of alleged conduct in violation of this act. Suchattorney is authorized, before commencement of anycivil proceeding or action under this act, to subpoena witnesses,compel such attendance, examine witnesses under oath, and require theproduction of documentary evidence for inspection, reproducing orcopying.Except as otherwise provided by thissection, such attorney shall proceed under this subsection with thesame powers and limitations, and judicial oversight and enforcement, and in themanner provided by this act and by K.S.A. 22-3101 et seq., and amendmentsthereto.
(b) The examination of all witnesses under this section shallbe conducted by the attorney or such attorney's designee beforea person authorized to administer oaths. The testimony shall betaken stenographically or by a sound recording device and may betranscribed. The attorney shall exclude from the placewhere the examination is held all persons except the person beingexamined, such person's counsel, if any, the authorizedindividual or individuals before whom the testimony is to be taken, lawenforcement officials and any stenographer taking such testimony.Prior to oral examination, the person shall be advised of such person's rightto refuse to answer any questions on the basis of the privilegeagainst self-incrimination. The examination shall be conducted ina manner consistent with the taking of depositions under thecode of civil procedure.
(c) Except as otherwise provided in this act, no documentarymaterial, transcripts, oral testimony or copies of it in thepossession of the attorney shall be available, prior tothe filing of a civil or criminal proceeding or action relating toit, for examination by any individual other than a law enforcementofficer or agent of such officer without the consent of theperson who produced the material or transcripts.
(d) No person, with intent to avoid, evade, prevent, orobstruct compliance in whole or in part by any person with any dulyserved subpoena of the attorney under this section,shall knowingly remove from any place, conceal, withhold, destroy,mutilate any documentary material that is the subject of asubpoena. A violation of this subsection shall be a class Bnonperson misdemeanor.
(e) Acts or omissions by the attorneys for the seizing agenciesin the course of the attorney's duties in the enforcement of any of theprovisions of this act, including provision of any legal servicesprior to charging, complaint or seizure, are prosecutorial andshall not subject the attorneys or the attorney's principals to civilliability.
(f) During the investigation of real property and upon probablecause to believe the real property is in violation of this act, butbefore any liens or other proceedings are initiated under this act,a seizing agency may place a notice of potential claim with theregister of deeds in the county in which such real property islocated as notification that a forfeiture investigation is inprogress and that a forfeiture proceeding against such realproperty may be initiated by the seizing agency. Such notice shallautomatically expire 180 days after filing, unless renewed, andshall contain such real property's legal description, the date theinvestigation began, and the name, position, agency, businessaddress, and business telephone number of the person filing suchnotice of potential claim. The notice shall be sworn to andverified in the manner provided for in the filing of lis pendens.The agency shall not be charged a filing or release fee.
