21-3219. Use of force; immunity from prosecution or liability; investigation.
21-3219
21-3219. Use of force; immunity from prosecution orliability; investigation.(a) A person who uses force which, subject to the provisionsofK.S.A. 21-3214, and amendments thereto, is justified pursuant to K.S.A.21-3211, 21-3212or 21-3213, andamendments thereto, is immune from criminal prosecution and civil action forthe use of suchforce, unless the person against whom force was used is a law enforcementofficer who wasacting in the performance of such officer's official duties and the officeridentified the officer'sself in accordance with any applicable law or the person using force knew orreasonably shouldhave known that the person was a law enforcement officer. As used in thissubsection, "criminalprosecution" includes arrest, detention in custody and charging or prosecutionof the defendant.
(b) A law enforcement agency may use standard procedures for investigatingthe use offorce as described in subsection (a), but the agency shall not arrest theperson for using forceunless it determines that there is probable cause for thearrest.
(c) A county or district attorney or other prosecutor may commence acriminal prosecution upon a determination of probable cause.
History: L. 2006, ch. 194, § 2;L. 2007, ch. 169, § 1; May 17.