40-2413. Same; immunity from prosecution, when. - Kansas Statutes

40-2413

Chapter 40.--INSURANCE Article 24.--REGULATION OF CERTAIN TRADE PRACTICES

      40-2413.   Same; immunity from prosecution, when.If any person shall ask to be excused from attending and testifying orfrom producing any books, papers, records, correspondence or otherdocuments at any hearing on the ground that the testimony or evidencerequired of him may tend to incriminate him or subject him to a penaltyor forfeiture, and shall notwithstanding be directed to give suchtestimony or produce such evidence, he must nonetheless comply withsuch direction, but he shall not thereafter be prosecuted or subjectedto any penalty or forfeiture for or on account of any transaction,matter or thing concerning which he may testify or produce evidencepursuant thereto, and no testimony so given or evidence produced shallbe received against him upon any criminal action, investigation orproceeding: Provided, however, That no such individual sotestifying shall be exempt from prosecution or punishment for anyperjury committed by him while so testifying and the testimony orevidence so given or produced shall be admissible against him upon anycriminal action, investigation or proceeding concerning such perjury,nor shall he be exempt from the refusal, revocation or suspension of anylicense, permission or authority conferred, or to be conferred, pursuantto the insurance law of this state.

      Any such individual may execute, acknowledge and file in the officeof the commissioner a statement expressly waiving such immunity orprivilege in respect to any transaction, matter or thing specified insuch statement and thereupon the testimony of such person or suchevidence in relation to such transaction, matter or thing may bereceived or produced before any judge or justice, court, tribunal, grandjury or otherwise, and if so received or produced such individual shallnot be entitled to any immunity or privilege on account of any testimonyhe may so give or evidence so produced.

      History:   L. 1955, ch. 247, § 13; June 30.