22-3101. Inquisitions; witnesses.

22-3101

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 31.--INQUISITIONS IN CRIMINAL CASES

      22-3101.   Inquisitions; witnesses.(1) If the attorney general, an assistant attorney general, thecounty attorney or the district attorneyof any county is informed or has knowledge of anyallegedviolation of the laws of Kansas, such person may apply to a district judgeto conduct an inquisition. An application for an inquisition shall bein writing, verified under oath, setting forth the alleged violation oflaw. Upon the filing of the application, the judge with whom it is filed, onthe written praecipe of such attorney, shall issue a subpoena for thewitnesses named insuch praecipe commanding them to appear and testify concerning the mattersunder investigation. Such subpoenas shall be served and returned assubpoenas for witnesses in criminal cases in the district court.

      (2)   If the attorney general, assistant attorney general, county attorneyor district attorney, or in the absence of the county or district attorney adesignated assistant county or district attorney, is informed or hasknowledge of any allegedviolation in this state pertaining to terrorism, illegal use of weapons ofmass destruction, gambling, intoxicatingliquors,criminal syndicalism, racketeering, bribery, tampering with a sports contest,narcotic or dangerous drugs or any violation of any law where the accusedis a fugitive from justice, such attorney shall beauthorizedto issue subpoenasfor such persons as such attorney has any reasonto believe or has anyinformation relating thereto or knowledge thereof, to appear before suchattorneyat a time and place to be designated in the subpoena and testify concerningany such violation. For such purposes, any prosecuting attorney shall beauthorized to administer oaths. If an assistant county or district attorneyis designated by the county or district attorney for the purposes of thissubsection, such designation shall be filed with thechief judge ofsuch judicial district.

      (3)   Each witness shall be sworn to make true answers to allquestionspropounded to such witness touching the matters underinvestigation. Thetestimony of each witness shall be reduced to writing and signed by thewitness. Any person who disobeys a subpoena issued for such appearance orrefuses to be sworn as a witness or answer any proper question propoundedduring the inquisition, may be adjudged in contempt of court and punishedby fine and imprisonment.

      History:   L. 1970, ch. 129, § 22-3101;L. 1976, ch. 145, § 107;L. 1994, ch. 348, § 7;L. 1999, ch. 57, § 31;L. 2006, ch. 146, § 10; July 1.