| SB 0338 | Compelling Witness Testimony |
| Sponsor: | Caskey | |||
| LR Number: | S1154.02I | Fiscal Note: | 1154-02 | |
| Committee: | Judiciary | |||
| Last Action: | 05/16/97 - 008 S Calendar S Bills for Perfection w/SCAs 1 & 2 | Journal page: | ||
| Title: | ||||
| Effective Date: | August 28, 1997 | |||
SB 338 - This act grants transactional immunity to a person who is compelled to testify over his 5th Amendment privilege against self-incrimination.
The prosecutor may request a court order to compel testimony if: 1) such testimony may be necessary to the public interest; and 2) the witness has refused or is likely to refuse to testify on the basis of his 5th Amendment privilege. If the court issues such an order and the person refuses to testify, such person shall be in contempt of court and put in jail for up to one year or until he testifies or produces the requested evidence. A person who does testify may not be charged with any act which is the subject of such testimony.
This act is similar to SB 692 (1996) and HB 339 (1997).
JAMES KLAHR
SCA 1 - CLARIFIES THAT IMMUNITY IS FOR CRIMINAL PROSECUTION. SCA 2 - COURT MAY ORDER AN INDIVIDUAL TO TESTIFY UPON PROSECUTOR'S REQUEST AND IF PUBLIC INTEREST REQUIRES.