SESSION OF 1999



SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2155



As Amended by House Committee on

Judiciary





Brief(1)



H.B. 2155 amends the Criminal Procedure Code regarding immunity for witnesses before grand juries and inquisitions, and the prosecutorial authority to grant immunity in general. The bill outlines transactional immunity as well as derivate use immunity which can be granted by a district court judge, the Attorney General, or county or district attorney.



Transactional immunity means that any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transaction arising out of the same incident.



Derivative use immunity means that any person granted derivative 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.





Background



Support for the bill was expressed by the delegate from the Kansas County and District Attorney Association and the Geary County Attorney.



The fiscal note indicated no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.