Section 50.20. Compulsion of evidence by offer of immunity  


Latest version.
  • 1.    Any  witness  in  a  legal  proceeding,  other than a grand jury
      proceeding, may refuse to give evidence requested of him on  the  ground
      that  it  may tend to incriminate him and he may not, except as provided
      in subdivision two, be compelled to give such evidence.
        2.   Such a witness may be  compelled  to  give  evidence  in  such  a
      proceeding   notwithstanding  an  assertion  of  his  privilege  against
      self-incrimination if:
        (a)  The proceeding is one in which, by express provision of  statute,
      a  person  conducting  or  connected  therewith  is declared a competent
      authority to confer immunity upon witnesses therein; and
        (b)  Such competent authority (i) orders  such  witness  to  give  the
      requested  evidence  notwithstanding  his  assertion  of  his  privilege
      against self-incrimination, and (ii) advises him that upon so  doing  he
      will receive immunity.
        3.   A witness who is ordered to give evidence pursuant to subdivision
      two and who complies with such order receives immunity.  Such witness is
      not deprived of such immunity because such competent authority  did  not
      comply  with statutory provisions requiring notice to a specified public
      servant of intention to confer immunity.
        4.      A  witness  who,  without  asserting  his  privilege   against
      self-incrimination,  gives  evidence  in a legal proceeding other than a
      grand jury proceeding does not receive immunity.
        5.  The rules governing the circumstances in which  witnesses  may  be
      compelled  to  give evidence and in which they receive immunity therefor
      in a grand jury proceeding are prescribed in section 190.40.