Section 190.45. Grand jury; waiver of immunity  


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  • 1.    A  waiver  of  immunity  is a written instrument subscribed by a
      person who is  or  is  about  to  become  a  witness  in  a  grand  jury
      proceeding,   stipulating   that   he   waives   his  privilege  against
      self-incrimination and any possible or prospective immunity to which  he
      would otherwise become entitled, pursuant to section 190.40, as a result
      of giving evidence in such proceeding.
        2.  A waiver of immunity is not effective unless and until it is sworn
      to  before  the  grand  jury  conducting  the  proceeding  in  which the
      subscriber has been called as a witness.
        3.  A person who is called by the people as a witness in a grand  jury
      proceeding and requested by the district attorney to subscribe and swear
      to  a  waiver  of  immunity before giving evidence has a right to confer
      with counsel before deciding whether he will comply with  such  request,
      and, if he desires to avail himself of such right, he must be accorded a
      reasonable  time  in  which  to  obtain and confer with counsel for such
      purpose.  The district attorney must inform  the  witness  of  all  such
      rights before obtaining his execution of such a waiver of immunity.  Any
      waiver  obtained,  subscribed or sworn to in violation of the provisions
      of this subdivision is invalid and ineffective.
        4.  If a grand jury witness subscribes  and  swears  to  a  waiver  of
      immunity  upon  a  written agreement with the district attorney that the
      interrogation will be limited to certain specified subjects, matters  or
      areas  of  conduct, and if after the commencement of his testimony he is
      interrogated and testifies concerning another subject, matter or area of
      conduct not included in such written  agreement,  he  receives  immunity
      with  respect to any further testimony which he may give concerning such
      other subject, matter or area of conduct and the waiver of  immunity  is
      to that extent ineffective.