Previous | Next

§ 22. Legislative immunity. For any speech, written document or debate in either house, the members shall not be questioned elsewhere. No member of the legislature shall be subject to arrest—except for treason, felony or breach of the peace—in going to, or returning from, the place of meeting, or during the continuance of the session; neither shall he be subject to the service of any civil process during the session, nor for fifteen days previous to its commencement.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 54; L. 1974, ch. 458, § 1; November 5, 1974.

Law Review and Bar Journal References:

Governmental Liability: The Kansas Tort Claims Act [or The King Can Do Wrong], John A. Hageman and Lee A. Johnson, 19 W.L.J. 260, 279 (1980).

Modern Kansas Legislative Strategies: The Blackmail Gambit, Robert Drean, 35 W.L.J. 157, 163, 177 (1995).

Attorney General's Opinions:

Legislative post audit; performance audit; acceptance or approval of audit reports. 91-92.

CASE ANNOTATIONS

1. Session of senate while trying impeachment is covered by section. Cook v. Senior, 3 Kan. App. 278, 282, 45 P. 126.

2. Statute prescribing venue of actions is limited by this section. McAnarney v. Caughenaur, 34 Kan. 621, 623, 9 P. 476.

3. Doctrine of legislative immunity considered; service of process upon presiding officers of both houses. State ex rel. Stephan v. Kansas House of Representatives, 236 Kan. 45, 54, 687 P.2d 622 (1984).

4. Legislator's attempt to influence another legislator's vote was inadmissable in blackmail action because not legitimate legislative activity. State v. Neufeld, 260 Kan. 930, 935, 938, 926 P.2d 1325 (1996).