19-1122 — SELF-INCRIMINATION -- REFUSAL TO TESTIFY OR GIVE EVIDENCE -- PROCEDURE
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TITLE 19
CRIMINAL PROCEDURE
CHAPTER 11
POWERS AND DUTIES OF GRAND JURY
19-1122. SELF-INCRIMINATION -- REFUSAL TO TESTIFY OR GIVE EVIDENCE --
PROCEDURE. If in any proceedings before a special inquiry judge, a person
refuses, or indicates in advance a refusal, to testify or provide evidence of
any other kind on the ground that he may be incriminated thereby, and if a
prosecuting attorney requests the court to order that person to testify or
provide the evidence, the court shall then hold a hearing and shall so order
unless it finds that to do so would be clearly contrary to the public
interest, and that person shall comply with the order.
If, but for this section, he would have been privileged to withhold the
answer given or the evidence produced by him, the witness may not refuse to
comply with the order on the basis of his privilege against
self-incrimination; but none of the testimony nor evidence presented by the
witness relative to the issue under investigation before the special inquiry
judge, nor any information directly or indirectly derived from his testimony,
can be used against him in any further criminal proceeding. He may
nevertheless be prosecuted for failing to comply with the order to answer, or
for perjury or for offering false evidence to the special inquiry judge.