2009 California Penal Code - Section 1321-1324.1 :: Chapter 2. Who May Be Witnesses In Criminal Actions

PENAL CODE
SECTION 1321-1324.1

1321.  The rules for determining the competency of witnesses in
civil actions are applicable also to criminal actions and
proceedings, except as otherwise provided in this Code.

1324.  In any felony proceeding or in any investigation or
proceeding before a grand jury for any felony offense if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced, and the court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case. But
he or she may nevertheless be prosecuted or subjected to penalty or
forfeiture for any perjury, false swearing or contempt committed in
answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order. Nothing in this
section shall prohibit the district attorney or any other prosecuting
agency from requesting an order granting use immunity or
transactional immunity to a witness compelled to give testimony or
produce evidence.

1324.1.  In any misdemeanor proceeding in any court, if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he may be incriminated thereby, the person may agree
in writing with the district attorney of the county, or the
prosecuting attorney of a city, as the case may be, to testify
voluntarily pursuant to this section. Upon written request of such
district attorney, or prosecuting attorney, the court having
jursidiction of the proceeding shall approve such written agreement,
unless the court finds that to do so would be clearly contrary to the
public interest. If, after court approval of such agreement, and if,
but for this section, the person would have been privileged to
withhold the answer given or the evidence produced by him, that
person shall not be prosecuted or subjected to penalty or forfeiture
for or on account of any fact or act concerning which, in accordance
with such agreement, he answered or produced evidence, but he may,
nevertheless, be prosecuted or subjected to penalty or forfeiture for
any perjury, false swearing or contempt committed in answering or in
producing evidence in accordance with such agreement. If such person
fails to give any answer or to produce any evidence in accordance
with such agreement, that person shall be prosecuted or subjected to
penalty or forfeiture in the same manner and to the same extent as he
would be prosecuted or subjected to penalty or forfeiture but for
this section.

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