Session of 1999
By Special Committee on Judiciary

10             AN  ACT concerning criminal procedure; relating to inquisitions; sub-
11             poenas; amending K.S.A. 1999 Supp. 22-3101 and repealing the exist-
12             ing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 22-3101 is hereby amended to read as
16       follows: 22-3101. (1) If the attorney general, an assistant attorney general,
17       the county attorney or the district attorney of any county is informed or
18       has knowledge of any alleged violation of the laws of Kansas, such person
19       may apply to a district judge to conduct an inquisition. An application for
20       an inquisition shall be in writing, verified under oath, setting forth the
21       alleged violation of law. Upon the filing of the application, the judge with
22       whom it is filed, on the written praecipe of such attorney, shall issue a
23       subpoena for the witnesses named in such praecipe commanding them
24       to appear and testify concerning the matters under investigation. Such
25       subpoenas shall be served and returned as subpoenas for witnesses in
26       criminal cases in the district court.
27             (2) If the attorney general, assistant attorney general, county attorney
28       or district attorney, or in the absence of the county or district attorney a
29       designated assistant county or district attorney, is informed or has knowl-
30       edge of any alleged violation in this state pertaining to gambling, intoxi-
31       cating liquors, criminal syndicalism, racketeering, bribery, tampering with
32       a sports contest, narcotic or dangerous drugs, computer crime or any
33       violation of any law where the accused is a fugitive from justice, such
34       attorney shall be authorized to issue subpoenas for such persons as such
35       attorney has any reason to believe or has any information relating thereto
36       or knowledge thereof, to appear before such attorney at a time and place
37       to be designated in the subpoena and testify concerning any such viola-
38       tion. For such purposes, any prosecuting attorney shall be authorized to
39       administer oaths. If an assistant county or district attorney is designated
40       by the county or district attorney for the purposes of this subsection, such
41       designation shall be filed with the chief judge of such judicial district.
42             (3) Each witness shall be sworn to make true answers to all questions
43       propounded to such witness touching the matters under investigation.


  1       The testimony of each witness shall be reduced to writing and signed by
  2       the witness. Any person who disobeys a subpoena issued for such ap-
  3       pearance or refuses to be sworn as a witness or answer any proper ques-
  4       tion propounded during the inquisition, may be adjudged in contempt of
  5       court and punished by fine and imprisonment. 
  6       Sec.  2. K.S.A. 1999 Supp. 22-3101 is hereby repealed.
  7        Sec.  3. This act shall take effect and be in force from and after its
  8       publication in the statute book.