60-4119.Immunity orders.(a) If a person is or may be called to produce evidence at adeposition, hearing or trial under this act or at an investigationbrought by the attorney under K.S.A. 60-4118, and amendments thereto,the district court for the county in which the deposition, hearing, trial, orinvestigation is or may be held, upon certification inwriting of a request of the county or district attorney for thecounty, or the attorney general, shall issue an order, ex parte or aftera hearing, requiring theperson to produce evidence, notwithstanding that person's refusalto do so on the basis of the privilege against self-incrimination.
(b) The county or district attorney, or the attorney general, maycertify in writing arequest for an ex parte order under this section if in such attorney'sjudgment:
(1) The production of the evidence may be necessary to thepublic interest; and
(2) the person has refused or is likely to refuse to produceevidence on the basis of such person's privilege against self-incrimination.
(c) If a person refuses, on the basis of such person's privilege againstself-incrimination, to produce evidence in any proceeding describedin this act, and the presiding officer informs the person of anorder issued under this section, the person may not refuse tocomply with the order. The person may be compelled or punished bythe district court issuing an order for civil or criminal contempt.
(d) The production of evidence compelled by order issued underthis section, and any information directly or indirectly derivedfrom such evidence, may not be used against the person in a subsequentcriminal case, except in a prosecution for perjury, K.S.A. 21-3805,and amendments thereto, making false writing, K.S.A. 21-3711, andamendments thereto, or an offense otherwise involving a failure tocomply with the order. Nothing in this subsection shall beinterpreted as preventing the use in a criminal action any evidencelawfully obtained independently of these procedures.
History: L. 1994, ch. 339, § 19;L. 2006, ch. 183, § 11; July 1.
60-4119.Immunity orders.(a) If a person is or may be called to produce evidence at adeposition, hearing or trial under this act or at an investigationbrought by the attorney under K.S.A. 60-4118, and amendments thereto,the district court for the county in which the deposition, hearing, trial, orinvestigation is or may be held, upon certification inwriting of a request of the county or district attorney for thecounty, or the attorney general, shall issue an order, ex parte or aftera hearing, requiring theperson to produce evidence, notwithstanding that person's refusalto do so on the basis of the privilege against self-incrimination.
(b) The county or district attorney, or the attorney general, maycertify in writing arequest for an ex parte order under this section if in such attorney'sjudgment:
(1) The production of the evidence may be necessary to thepublic interest; and
(2) the person has refused or is likely to refuse to produceevidence on the basis of such person's privilege against self-incrimination.
(c) If a person refuses, on the basis of such person's privilege againstself-incrimination, to produce evidence in any proceeding describedin this act, and the presiding officer informs the person of anorder issued under this section, the person may not refuse tocomply with the order. The person may be compelled or punished bythe district court issuing an order for civil or criminal contempt.
(d) The production of evidence compelled by order issued underthis section, and any information directly or indirectly derivedfrom such evidence, may not be used against the person in a subsequentcriminal case, except in a prosecution for perjury, K.S.A. 21-3805,and amendments thereto, making false writing, K.S.A. 21-3711, andamendments thereto, or an offense otherwise involving a failure tocomply with the order. Nothing in this subsection shall beinterpreted as preventing the use in a criminal action any evidencelawfully obtained independently of these procedures.
History: L. 1994, ch. 339, § 19;L. 2006, ch. 183, § 11; July 1.
60-4119.Immunity orders.(a) If a person is or may be called to produce evidence at adeposition, hearing or trial under this act or at an investigationbrought by the attorney under K.S.A. 60-4118, and amendments thereto,the district court for the county in which the deposition, hearing, trial, orinvestigation is or may be held, upon certification inwriting of a request of the county or district attorney for thecounty, or the attorney general, shall issue an order, ex parte or aftera hearing, requiring theperson to produce evidence, notwithstanding that person's refusalto do so on the basis of the privilege against self-incrimination.
(b) The county or district attorney, or the attorney general, maycertify in writing arequest for an ex parte order under this section if in such attorney'sjudgment:
(1) The production of the evidence may be necessary to thepublic interest; and
(2) the person has refused or is likely to refuse to produceevidence on the basis of such person's privilege against self-incrimination.
(c) If a person refuses, on the basis of such person's privilege againstself-incrimination, to produce evidence in any proceeding describedin this act, and the presiding officer informs the person of anorder issued under this section, the person may not refuse tocomply with the order. The person may be compelled or punished bythe district court issuing an order for civil or criminal contempt.
(d) The production of evidence compelled by order issued underthis section, and any information directly or indirectly derivedfrom such evidence, may not be used against the person in a subsequentcriminal case, except in a prosecution for perjury, K.S.A. 21-3805,and amendments thereto, making false writing, K.S.A. 21-3711, andamendments thereto, or an offense otherwise involving a failure tocomply with the order. Nothing in this subsection shall beinterpreted as preventing the use in a criminal action any evidencelawfully obtained independently of these procedures.
History: L. 1994, ch. 339, § 19;L. 2006, ch. 183, § 11; July 1.
