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60-1208. Witnesses. (a) Testimony; violations. In an investigation of grounds for ouster the attorney general and the county attorneys of the several counties of the state of Kansas shall have the power and they are hereby authorized and directed whenever complaint has been made and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoenas for such witnesses so furnished them, and for such persons as they shall have reason to believe have any knowledge of the truth of the complaint made, to appear before said attorney general or county attorney, at a time and place to be designated in the subpoena, then and there to testify concerning the subject matter set out in said complaint. Each witness shall be sworn true answers to make to all questions propounded to him or her, touching the matter under investigation, and the testimony of each witness shall be reduced to writing and be signed by the witness. The attorney general, assistant attorney general and the county attorneys of the several counties of the state are hereby authorized and empowered to administer the necessary oaths and affirmations to such witnesses.

(b) Penalties. Any disobedience to such subpoena, or refusal to answer any proper question propounded by the attorney general, assistant attorney general, or county attorney, at such inquiry shall be a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(c) Privilege and immunity of witness. No person shall be excused from testifying before said attorney general, assistant attorney general, or county attorney at any such investigation, or be excused from testifying at the request of the state in any proceeding brought under the provisions of this article, on the ground that the person's testimony may incriminate him or her; but no person shall be prosecuted or punished in any criminal proceeding on account of any transaction, matter, or thing concerning which he or she shall be compelled to testify; nor shall such testimony be used against him or her for any crime or misdemeanor under the laws of this state.

History: L. 1963, ch. 303, 60-1208; January 1, 1964.

Source or prior law:

(a). L. 1911, ch. 237, § 11; R.S. 1923, 60-1619.

(b). L. 1911, ch. 237, § 11; R.S. 1923, 60-1619.

(c). L. 1911, ch. 237, § 12; R.S. 1923, 60-1620.


Prior law cases, see G.S. 1949, 60-1619, 60-1620 and the 1961 Supp. thereto.

1. Mentioned; prosecution not required to produce report of state's witness for defendant's use in cross-examination; dissent. State v. Hill, 193 K. 512, 519, 394 P.2d 106.

2. Inquisitional authority granted hereunder not terminated when quo warranto petition filed; removed from office of county treasurer affirmed. State ex rel. Miller v. Richardson, 229 K. 234, 236, 238, 623 P.2d 1317.

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