An  Act concerning criminal procedure; relating to grants of immunity; amending K.S.A.

22-3008, 22-3102 and 22-3415 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 22-3008 is hereby amended to read as follows: 22-
3008. (1) Whenever required by any grand jury, its presiding juror or the
prosecuting attorney, the clerk of the court in which the jury is impaneled
shall issue subpoenas and other process to bring witnesses to testify before
the grand jury.

      (2) If any witness duly summoned to appear and testify before a grand
jury fails or refuses to obey, compulsory process shall be issued to enforce
the witness' attendance, and the court may punish the delinquent in the
same manner and upon the same proceedings as provided by law for
disobedience of a subpoena issued out of the court in other cases.

      (3) If any witness appearing before a grand jury refuses to testify or
to answer any questions asked in the course of the witness' examination,
the fact shall be communicated to a district judge of the judicial district
in writing, on which the question refused to be answered shall be stated.
The judge shall 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
the witness' self. The district judge may, if the judge determines that the
interest of justice requires, grant any witness before the grand jury im-
munity from prosecution or punishment on account of any matter con-
cerning which the witness shall be compelled to testify. Prior to the grant
of immunity, notice shall be given to the prosecuting attorney whose
recommendations on the matter of the grant of immunity shall be heard
by the judge before the grant of immunity is made.

      (5)  (a) The county or district attorney, or the attorney general, at
any time, on behalf of the state, and the district judge, upon determination
that the interest of justice requires, and after giving notice to the prose-
cuting attorney and hearing the prosecuting attorney's recommendations
on the matter, may grant in writing to any person:

      (i) Transactional immunity. Any person granted transactional im-
munity 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.

      (ii) Use and derivative immunity. Any person granted use and deriv-
ative 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 state-
ments 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 evi-
dence 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 self incriminate unless such testimony may form the basis for a vio-
lation 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.

      (c) No immunity shall be granted for perjury as provided in K.S.A.
21-3805 and amendments thereto which was committed in giving such
evidence.

      (5) (6) If the judge determines that the witness must answer and if
the witness persists in refusing to answer, the witness shall be brought
before the judge, who shall proceed in the same manner as if the witness
had been interrogated and had refused to answer in open court.

      Sec.  2. K.S.A. 22-3102 is hereby amended to read as follows: 22-
3102. (a) No person called as a witness at an inquisition shall be required
to make any statement which will incriminate him such person. The at-
torney general, assistant attorney general or county attorney may, on be-
half of the state, grant any person called as a witness at an inquisition
immunity from prosecution or punishment on account of any transaction
or matter about which such person shall be compelled to testify and such
testimony shall not be used against such person in any prosecution for a
crime under the laws of Kansas or any municipal ordinance. After being
granted immunity from prosecution or punishment, as herein provided,
no person shall be excused from testifying on the ground that his testi-
mony may incriminate him.

      (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 im-
munity 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 deriv-
ative 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 state-
ments 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 evi-
dence was obtained independently and from a collateral source.

      (c) Any person granted immunity under either or both subsections
(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 con-
ferred. 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.
21-3805 and amendments thereto, which was committed in giving such
evidence.

      Sec.  3. K.S.A. 22-3415 is hereby amended to read as follows: 22-
3415. (a) The provisions of law in civil cases relative to compelling the
attendance and testimony of witnesses, their examination, the adminis-
tration 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 immunity from
prosecution or punishment on account of any transaction or matter con-
tained in any statement or about which such person shall be compelled
to testify and such statement or testimony shall not be used against such
person in any prosecution for a crime under the laws of Kansas or any
municipal ordinance. After being granted immunity from prosecution or
punishment, as herein provided, no person shall be excused from testi-
fying on the ground that his testimony may incriminate him unless such
testimony is a violation of federal law. He shall not be granted immunity
from prosecution for perjury or false statement or any other crime com-
mitted in giving such evidence.:

      (1) Transactional immunity. Any person granted transactional im-
munity 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 deriv-
ative 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 state-
ments 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 evi-
dence 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 con-
ferred. 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.
21-3805 and amendments thereto which was committed in giving such
evidence.
 
Sec.  4. K.S.A. 22-3008, 22-3102 and 22-3415 are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

Passed the SENATE ______________________________

APPROVED ______________________________