2006 Kansas Code - 60-3335

      60-3335.   Same; procedures to procure report in criminal investigations, admissibility at trial. (a) The state, having probable cause to believe a criminal offense has been committed under state environmental laws based upon information obtained from a source independent of an audit report, may obtain an audit report for which a privilege is asserted under K.S.A. 60-3333 pursuant to a search warrant, criminal subpoena or discovery as allowed by the Kansas code of criminal procedure. The state shall immediately place the audit report under seal and shall not disclose the contents of the report.

      (b)   Within 30 days after the state obtains an audit report, the owner or operator who prepared the report or caused the report to be prepared may file a petition with the appropriate court requesting an in camera review of whether all or part of the audit report is privileged or subject to disclosure under this act. Failure by the owner or operator to file such petition shall waive the privilege.

      (c)   Upon filing a petition under subsection (b), the court shall issue an order scheduling an in camera review, to be held within 45 days of the filing of the petition, to determine whether all or part of the audit report is privileged or subject to disclosure under this act. Such order shall allow the county or district attorney or attorney general to place appropriate limitations on distribution and review of the report to protect against unnecessary disclosure. The county or district attorney or attorney general may consult with enforcement agencies regarding the contents of the report as necessary to prepare for the in camera review.

      (d)   Failure to comply with the disclosure or use prohibitions of this section shall be the basis, in any civil, criminal or administrative proceeding, for suppression of any evidence arising or derived from the unauthorized review, disclosure or use.

      (e)   The parties at any time may stipulate to entry of an order directing that specific information contained in an audit report is or is not subject to the privilege recognized in K.S.A. 60-3333.

      (f)   Upon making a disclosure determination under subsection (d) of K.S.A. 60-3334, the court may compel the disclosure of only those portions of an audit report relevant to issues in dispute in the proceeding.

      History:   L. 1995, ch. 204, § 4; July 1.