Statute 21-3219: Use of force; immunity from prosecution or
liability; investigation.
(a) A person who uses force which, subject to the provisions
of
K.S.A. 21-3214, and amendments thereto, is justified pursuant to
K.S.A.
21-3211, 21-3212
or 21-3213, and
amendments thereto, is immune from criminal prosecution and civil action for
the use of such
force, unless the person against whom force was used is a law enforcement
officer who was
acting in the performance of such officer's official duties and the officer
identified the officer's
self in accordance with any applicable law or the person using force knew or
reasonably should
have known that the person was a law enforcement officer. As used in this
subsection, "criminal
prosecution" includes arrest, detention in custody and charging or prosecution
of the defendant.
(b) A law enforcement agency may use standard procedures for investigating
the use of
force as described in subsection (a), but the agency shall not arrest the
person for using force
unless it determines that there is probable cause for the
arrest.
(c) A county or district attorney or other prosecutor may commence a
criminal prosecution upon a determination of probable cause.
History: L. 2006, ch. 194, § 2;
L. 2007, ch. 169, § 1; May 17.