22-3102. Privilege against self-incrimination; grants of immunity.
22-3102
22-3102. Privilege against self-incrimination;grants of immunity.(a) No person called as a witness at an inquisition shall be required tomake any statement which will incriminate such person.
(b) The county or district attorney, or the attorney general, may at anytime, on behalf of the state, grant in writing to any person:
(1) Transactional immunity. Any person granted transactional immunityshall not be prosecuted for any crime which has been committed for which suchimmunity is granted or for any other transactions arising out of the sameincident.
(2) Use and derivative immunity. Any person granted use and derivative useimmunity may be prosecuted for any crime, but the state shall not use anytestimony against such person provided under a grant of such immunity or anyevidence derived from such testimony. Any defendant may file with the court amotion tosuppress in writing to prevent the state from using evidence on the groundsthat the evidence was derived from and obtained against the defendant as aresultof testimony or statements made under such grant of immunity. The motion shallstate facts supporting the allegations. Upon a hearing on such motion, thestate shall have the burden to prove by clear and convincing evidence that theevidence 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 selfincriminate unless such testimony may form the basis for a violation of federallawfor which immunity under federal law has not been conferred. No personshall be compelled to testify in any proceeding where the person is adefendant.
(d) No immunity shall be granted for perjury as provided in K.S.A. 21-3805and amendments thereto, which was committed in giving such evidence.
History: L. 1970, ch. 129, § 22-3102;L. 1999, ch. 56, § 2; July 1.