2005 Idaho Code - 19-1114 — NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE -- AGREEMENT TO TESTIFY WITH IMMUNITY -- PERJURY -- COMPELLING ANSWER

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 11
                       POWERS AND DUTIES OF GRAND JURY
    19-1114.  NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE -- AGREEMENT TO
TESTIFY WITH IMMUNITY -- PERJURY -- COMPELLING ANSWER. In any criminal
proceeding or in any investigation or proceeding before a grand jury in
connection with any criminal offense, if a person has advised the prosecuting
attorney that he will refuse to answer a question or produce evidence, if
called as a witness, on the ground that he may be incriminated thereby, the
person may agree in writing with the prosecuting attorney of the county to
testify voluntarily pursuant to this section. Upon written request of such
prosecuting attorney being made to the district court in and for that county,
said district court 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, the answer given, or evidence produced, and any information
directly or indirectly derived from the answer or evidence, may not be used
against the person in any manner in a criminal case but the person 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: provided, that if such person
fails to give any answer or to produce any evidence in accordance with such
agreement, the prosecuting attorney may request the district court to compel
the person to answer or produce evidence, in accordance with section 19-1115,
Idaho Code.