22-3415. Laws applicable to witnesses; immunity from prosecution or punishment. (a) The provisions of law in civil cases relative to compelling the attendance and testimony of witnesses, their examination, the administration of oaths and affirmations, and proceedings as for contempt, to enforce the remedies and protect the rights of the parties, shall extend to criminal cases so far as they are in their nature applicable, unless other provision is made by statute.
(b) The county or district attorney or the attorney general may at any time, on behalf of the state, grant in writing to any person:
(1) Transactional immunity. Any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transactions arising out of the same incident.
(2) Use and derivative immunity. Any person granted use and derivative use immunity may be prosecuted for any crime, but the state shall not use any testimony against such person provided under a grant of such immunity or any evidence derived from such testimony. Any defendant may file with the court a motion to suppress in writing to prevent the state from using evidence on the grounds that the evidence was derived from and obtained against the defendant as a result of testimony or statements made under such grant of immunity. The motion shall state facts supporting the allegations. Upon a hearing on such motion, the state shall have the burden to prove by clear and convincing evidence that the evidence was obtained independently and from a collateral source.
(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 self incriminate unless such testimony may form the basis for a violation of federal law for which immunity under federal law has not been conferred. No person shall be compelled to testify in any proceeding where the person is a defendant.
(d) No immunity shall be granted for perjury as provided in K.S.A. 2021 Supp. 21-5903, and 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; L. 2011, ch. 30, § 128; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 34 - Trials And Incidents Thereto
22-3403 Method of trial of felony cases.
22-3404 Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
22-3405 Presence of defendant.
22-3406 Time to prepare for trial.
22-3407 Motion to discharge jury panel.
22-3409 Summoning jurors in misdemeanor case.
22-3411a Felony trials; number of jurors.
22-3412 Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
22-3413 Juror's knowledge of material fact.
22-3415 Laws applicable to witnesses; immunity from prosecution or punishment.
22-3417 Objections to rulings.
22-3418 View of place of crime.
22-3419 Motion for judgment of acquittal.
22-3420 Conduct of jury after submission.
22-3424 Judgment and sentence; restitution; duties of court.
22-3425 Commitment for failure to pay fine and costs.
22-3426 Record of judgment; form and content of journal entry.
22-3426a Revocation of probation; form and content of journal entry.
22-3427 Execution of sentence.
22-3428b Same; violation of conditions of release; return to custody.
22-3432 Information for secretary of corrections concerning person convicted.
22-3436 Prosecuting attorney; information to victims; right to be present at certain hearings.