HB0594 Gaw, Steve

P R E F I L E D

HB 594 -- Witness Immunity

This bill allows a court, upon written request by a prosecuting attorney, to order a witness to testify or provide other information which the witness refuses to give on the basis of the Fifth Amendment privilege against self-incrimination. Upon complying with the order, the witness will be immune from prosecution or any other penalty, criminal or otherwise, for any act which is the subject matter of the order. The witness will not be immune to a prosecution for perjury during the testimony given.

A prosecuting attorney may request such an order only when the testimony is necessary to the public interest and the witness has claimed, or is likely to claim, a Fifth Amendment privilege.

A witness defying such a court order may be found in contempt of court, and committed to the county jail until complying with the order. Such commitment can not exceed one year.