22-2515. Same; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged communications.
22-2515
22-2515. Same; order;application; crimes for which order may be issued; disclosure and use ofcontents of wire, oral or electronic communications; effect on privilegedcommunications.(a) An ex parte order authorizing the interception of a wire,oralor electronic communication may be issued by a judge of competentjurisdiction. The attorneygeneral, district attorney or county attorney may make an application toany judge of competent jurisdiction for an order authorizing the interceptionof a wire, oral or electronic communication by aninvestigative or law enforcement officerand agency having responsibility for the investigation of the offense regardingwhich the application is made, when such interception mayprovide evidenceof the commission of any of the following offenses:
(1) Any crime directly and immediately affecting the safety of ahuman life which is a felony;
(2) murder;
(3) kidnapping;
(4) treason;
(5) sedition;
(6) racketeering;
(7) commercial bribery;
(8) robbery;
(9) theft, if the offense would constitute a felony;
(10) bribery;
(11) any felony violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendmentsthereto;
(12) commercial gambling;
(13) sports bribery;
(14) tampering with a sports contest;
(15) aggravated escape;
(16) aggravated failure to appear;
(17) arson;
(18) terrorism;
(19) illegal use of weapons of mass destruction; or
(20) any conspiracy to commit any of the foregoingoffenses.
(b) Any investigative or law enforcement officer who, by anymeans authorizedby this act or by chapter 119 of title 18 of the United States code, hasobtained knowledge of the contents of any wire, oral orelectronic communication, orevidence derived therefrom, may disclose such contents to another investigativeor law enforcement officer to the extent that such disclosure is appropriateto the proper performance of the official duties of the officer making orreceiving the disclosure.
(c) Any investigative or law enforcement officer who, by anymeans authorizedby this act or by chapter 119 of title 18 of the United States code, hasobtained knowledge of the contents of any wire, oral orelectronic communication, orevidence derived therefrom, may use such contents to the extent such useis appropriate to the proper performance of suchofficer's official duties.
(d) Any person who has received, by any means authorized by thisact orby chapter 119 of title 18 of the United States code or by a like statuteof any other state, any information concerning a wire, oral orelectronic communication,or evidence derived therefrom, intercepted in accordance with the provisionsof this act, may disclose the contents of such communication or such derivativeevidence while giving testimony under oath or affirmation in any criminalproceeding in any court, or before any grand jury, of this state or of theUnited States or of any other state.
(e) No otherwise privileged wire, oral or electroniccommunication intercepted inaccordance with, or in violation of, the provisions of this act or of chapter119 of title 18 of the United States code shall lose its privileged character.
(f) When an investigative or law enforcement officer, whileengaged inintercepting wire, oral or electronic communications in themanner authorized by thisact, intercepts wire, oral or electronic communicationsrelating to offenses other thanthose specified in the order authorizing the interception of the wire,oral or electronic communication, the contents thereof and evidence derived therefrommay be disclosed or used as provided in subsections (b) and(c) of thissection. Such contents and evidence derived therefrom may be used undersubsection (d) of this section when authorized or approved by ajudge ofcompetent jurisdiction, where such judge finds on subsequent application,made as soon as practicable, that the contents were otherwise interceptedin accordance with the provisions of this act, or with chapter 119 of title18 of the United States code.
History: L. 1974, ch. 150, § 2; L. 1976, ch. 165, § 3;L. 1988, ch. 117, § 2;L. 1992, ch. 239, § 250;L. 1993, ch. 291, § 187;L. 2006, ch. 146, § 9;L. 2009, ch. 32, § 41; July 1.