Kansas Criminal Procedure Code
K.S.A. Chapter 22
Article 30 - Grand Juries
Current Through End of 2007 Legislative Session
22-3001 Grand juries; summoning; membership; quorum.
22-3002 Objections.
22-3003 Oaths of jurors.
22-3004 Presiding juror and deputy presiding juror.
22-3005 Charge by the court.
22-3006 Compensation; employees.
22-3007 Duty of prosecuting attorney.
22-3008 Witnesses; immunity.
22-3009 Counsel for witness.
22-3010 Who may be present.
22-3011 Indictment, procedure.
22-3012 Secrecy of proceedings and disclosure.
22-3013 Discharge and excuse.
22-3014 Witness fees.
22-3001. Grand juries; summoning; membership; quorum.
(1) A majority of the district judges in any judicial district may order a grand jury to be summoned in any county in the district when it is determined to be in the public interest.
(2) A grand jury shall be summoned in any county within 60 days after a petition praying therefor is presented to the district court, bearing the signatures of a number of electors equal to 100 plus 2% of the total number of votes cast for governor in the county in the last preceding election. The petition shall be in substantially the following form:
The undersigned qualified electors of the county of ______________ and state of Kansas hereby request that the district court of ______________ county, Kansas, within 60 days after the filing of this petition, cause a grand jury to be summoned in the county to investigate alleged violations of law and to perform such other duties as may be authorized by law.
The signatures to the petition need not all be affixed to one paper, but each paper to which signatures are affixed shall have substantially the foregoing form written or printed at the top thereof. Each signer shall add to such signer's signature such signer's place of residence, giving the street and number or rural route number, if any, and shall show the precinct and ward or township of which such signer is an elector. One of the signers of each paper shall verify upon oath that each signature appearing on the paper is the genuine signature of the person whose name it purports to be and that such signer believes that the statements in the petition are true. The petition shall be filed in the office of the clerk of the district court who shall forthwith transmit it to the county election officer, who shall determine whether the persons whose signatures are affixed to the petition are qualified electors of the county. Thereupon, the county election officer shall return the petition to the clerk of the district court, together with such election officer's certificate stating the number of qualified electors of the county whose signatures appear on the petition and the aggregate number of votes cast for all candidates for governor in the county in the last preceding election. The judge or judges of the district court of the county shall then consider the petition and, if it is found that the petition is in proper form and bears the signatures of the required number of electors, a grand jury shall be ordered to be summoned.
(3) The grand jury shall consist of 15 members and shall be drawn and summoned in the same manner as petit jurors for the district court. Twelve members thereof shall constitute a quorum. The judge or judges ordering the grand jury shall direct that a sufficient number of legally qualified persons be summoned for service as grand jurors.
History: L. 1970, ch. 129, § 22-3001; L. 1976, ch. 163, § 12; L. 1986, ch. 115, § 61; Jan. 12, 1987.
(1) The prosecuting attorney may challenge the array of jurors on the ground that the grand jury was not selected, drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges by the state shall be made before the administration of the oath to the jurors and shall be tried by the court.
(2) A motion to dismiss the indictment made by the defendant may be based on objections to the array or on the lack of legal qualification of an individual juror. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to K.S.A. 22-3004 that 12 or more jurors, after deducting the jurors not legally qualified, concurred in finding the indictment.
History: L. 1970, ch. 129, § 22-3002; July 1.
An oath or affirmation shall be administered to the presiding juror of the grand jury, in substance as follows:
"You, as presiding juror of the grand jury, shall diligently inquire, and true presentment make, of all public offenses against the laws of this state cognizable by this court, committed or triable within this county, of which you have or can obtain legal evidence. You shall present no person through malice, hatred or ill will, nor leave any unpresented through fear, favor or affection, or for any reward or the promise of hope thereof, but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding."
Other members of the grand jury shall be administered the following oath:
"The same oath or affirmation, which your presiding juror has taken now before you on the presiding juror's part, you and each of you shall well and truly observe on your part."
History: L. 1970, ch. 129, § 22-3003; L. 1984, ch. 112, § 17; July 1.
22-3004. Presiding juror and deputy presiding juror.
The court shall appoint one of the jurors to be presiding juror and another to be deputy presiding juror. The presiding juror shall have power to administer oaths and affirmations and shall sign all indictments. The presiding juror or another juror designated by the presiding juror shall keep a record of the name of each juror concurring in the finding of every indictment and shall file the record with the clerk of the court, but the record shall not be made public except on order of the court. During the absence of the presiding juror, the deputy presiding juror shall act as presiding juror.
History: L. 1970, ch. 129, § 22-3004; L. 1984, ch. 112, § 18; July 1.
(1) When a grand jury is impaneled and sworn, it shall be charged by the judge who summoned it. In so doing, the judge shall give the grand jurors such information as he deems proper and as is required by law, as to their duties, and as to any charges of crimes known to the court and likely to come before the grand jury.
(2) When the grand jury has been impaneled, sworn and charged, it shall retire to a private room, and inquire into the crimes cognizable by it.
History: L. 1970, ch. 129, § 22-3005; July 1.
22-3006. Compensation; employees.
(1) Persons summoned for service as grand jurors shall be compensated for their service and expenses at the rates provided by law for the compensation of petit jurors in the district court. Such compensation shall be paid from the general fund of the county.
(2) The grand jury shall employ a certified shorthand reporter who shall make a stenographic record of all testimony and other proceedings before the grand jury. The compensation of the reporter shall be fixed by the district court and paid from the general fund of the county.
(3) The grand jury may, with the approval of the district court, employ special counsel, investigators, and incur such other expense for services and supplies as it and the court may deem necessary. Compensation for such services and supplies shall be fixed by the district court and shall be paid from the general fund of the county.
History: L. 1970, ch. 129, § 22-3006; July 1.
22-3007. Duty of prosecuting attorney.
(1) When requested by any grand jury it shall be the duty of the prosecuting attorney to attend sessions thereof for the purpose of examining witnesses or giving the grand jury advice upon any legal matter.
(2) The prosecuting attorney shall, upon his request, be permitted to appear before the grand jury for the purpose of giving information relative to any matter cognizable by the grand jury, and may be permitted to interrogate witnesses if the grand jury deems it necessary.
History: L. 1970, ch. 129, § 22-3007; July 1.
(1) Whenever required by any grand jury, its presiding juror or the prosecuting attorney, the clerk of the court in which the jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before the grand jury.
(2) If any witness duly summoned to appear and testify before a grand jury fails or refuses to obey, compulsory process shall be issued to enforce the witness' attendance, and the court may punish the delinquent in the same manner and upon the same proceedings as provided by law for disobedience of a subpoena issued out of the court in other cases.
(3) If any witness appearing before a grand jury refuses to testify or to answer any questions asked in the course of the witness' examination, the fact shall be communicated to a district judge of the judicial district in writing, on which the question refused to be answered shall be stated. The judge shall then determine whether the witness is bound to answer or not, and the grand jury shall be immediately informed of the decision.
(4) No witness before a grand jury shall be required to incriminate the witness' self.
(5) (a) The county or district attorney, or the attorney general, at any time, on behalf of the state, and the district judge, upon determination that the interest of justice requires, and after giving notice to the prosecuting attorney and hearing the prosecuting attorney's recommendations on the matter, may grant in writing to any person:
(i) Transactional immunity. 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 transactions arising out of the same incident.
(ii) Use and derivative immunity. Any person granted use and 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. Any defendant may file with the court a motion to suppress in writing to prevent the state from using evidence on the grounds that the evidence was derived from and obtained against the defendant as a result of testimony or statements made under such grant of immunity. The motion shall state facts supporting the allegations. Upon a hearing on such motion, the state shall have the burden to prove by clear and convincing evidence that the evidence was obtained independently and from a collateral source.
(b) Any person granted immunity under either or both of subsections (5)(a)(i) or (ii) may not refuse to testify on grounds that such testimony may self incriminate unless such testimony may form the basis for a violation of federal law for which immunity under federal law has not been conferred. No person shall be compelled to testify in any proceeding where the person is a defendant.
(c) No immunity shall be granted for perjury as provided in K.S.A. 21-3805 and amendments thereto which was committed in giving such evidence.
(6) If the judge determines that the witness must answer and if the witness persists in refusing to answer, the witness shall be brought before the judge, who shall proceed in the same manner as if the witness had been interrogated and had refused to answer in open court.
History: L. 1970, ch. 129, § 22-3008; L. 1976, ch. 163, § 13; L. 1984, ch. 112, § 19; L. 1986, ch. 115, § 62; L. 1999, ch. 56, § 1; July 1.
(1) Any person called to testify before a grand jury must be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. Upon a request by such person for counsel, no further examination of the witness shall take place until counsel is present. In the event that counsel of the witness' choice is not available, he shall be required to obtain other counsel within three (3) days in order that the work of the grand jury may proceed. If such person is indigent and unable to obtain the services of counsel, the court shall appoint counsel to assist him who shall be compensated as counsel appointed for indigent defendants in the district court.
(2) Counsel for any witness may be present while the witness is testifying and may interpose objections on behalf of the witness. He shall not be permitted to examine or cross-examine his client or any other witness before the grand jury.
History: L. 1970, ch. 129, § 22-3009; July 1.
Prosecuting attorneys, special counsel employed by the grand jury, the witness under examination and his counsel, interpreters when needed and, for the purpose of taking the evidence, the reporter for the grand jury, may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting.
History: L. 1970, ch. 129, § 22-3010; July 1.
22-3011. Indictment, procedure.
(1) An indictment may be found only on the concurrence of 12 or more grand jurors. When an indictment is found, the presiding juror shall endorse thereon "a true bill" and shall sign the presiding juror's name as presiding juror.
(2) When 12 or more grand jurors do not concur in finding an indictment, the presiding juror shall certify that the indictment is "not a true bill."
(3) Indictments found by the grand jury shall be presented by its presiding juror, in the jury's presence, to the court and shall be filed and remain as records of the court.
History: L. 1970, ch. 129, § 22-3011; L. 1984, ch. 112, § 20; July 1.
22-3012. Secrecy of proceedings and disclosure.
Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the prosecuting attorney for use in the performance of his duties. Otherwise a juror, attorney, interpreter, reporter or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury. No obligation of secrecy may be imposed upon any person except in accordance with this rule. The court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.
History: L. 1970, ch. 129, § 22-3012; July 1.
22-3013. Discharge and excuse.
(1) A grand jury shall serve until it shall advise the court in writing that it has completed its investigation, but no grand jury shall serve for more than three months unless extended by order of the district court. The district court may, before the expiration of the tenure of a grand jury, make an order extending such grand jury for an additional period of not to exceed three months if the court finds that an investigation begun by the grand jury cannot be completed within the initial three months period and that the public interest requires the continuation of the grand jury.
(2) At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in place of the juror excused.
History: L. 1970, ch. 129, § 22-3013; L. 2007, ch. 190, § 3; July 1.
Witnesses attending a grand jury in response to a subpoena shall be allowed the same fees as are allowed witnesses in criminal cases in the district court. The fees shall be paid from the general fund of the county upon a certificate of attendance signed by the presiding juror of the grand jury.
History: L. 1970, ch. 129, § 22-3014; L. 1984, ch. 112, § 21; July 1.