60-423. Privilege of accused. - Kansas Statutes

60-423

Chapter 60.--PROCEDURE, CIVIL Article 4.--RULES OF EVIDENCE

      60-423.   Privilege of accused.(a) Every person has in any criminal action in which he or she is an accused aprivilege not to be called as a witness and not to testify.

      (b)   An accused in a criminal action has a privilege to prevent his or herspouse from testifying in such action with respect to any confidentialcommunication had or made between them while they were husband and wife,excepting only (1) in an action in which the accused is charged with (i) acrime involving the marriage relation, or (ii) a crime against the personor property of the other spouse or the child of either spouse, or (iii) adesertion of the other spouse or a child of either spouse, or (2) as to thecommunication, in an action in which the accused offers evidence of acommunication between himself or herself and his or her spouse.

      (c)   An accused in a criminal action has no privilege to refuse, whenordered by the judge, to present his or her person for identification or do anyact in the presence of the judge or the trier of the facts, except torefuse to be a witness against himself or herself.

      History:   L. 1963, ch. 303, 60-423; Jan. 1, 1964.