48-2712. (KCMJ Art. 47) Refusal to appear or testify. - Kansas Statutes

48-2712

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

      48-2712.   (KCMJ Art. 47) Refusal to appear or testify.(a) Any person not subject to this code who:

      (1)   Has been duly subpoenaed to appear as a witness or to produce booksand records before a military court or before any military or civil officerdesignated to take a deposition to be read in evidence before such a court;

      (2)   has been duly paid or tendered the fees and mileage of a witness atthe rates allowed to witnesses attending the district courts of the state;and

      (3)   willfully neglects or refuses to appear, or refuses to qualify as awitness or to testify or to produce any evidence which that person may havebeen legally subpoenaed to produce; is guilty of an offense against thestate constituting a class C misdemeanor.

      (b)   Upon the certification of the facts under subdivision (a) hereof bythe military judge or summary court officer to the county attorney of thecounty where the offense occurred, the county attorney shall prosecute asif the offense were specifically included in the Kansas criminal code.

      (c)   The fees and mileage of witnesses shall be advanced or paid in thesame amount and to the same extent as witnesses under the Kansas criminal code.

      History:   L. 1972, ch. 203, § 48-2712;L. 1988, ch. 191, § 31; July 1.