2005 Idaho Code - 41-230 — TESTIMONY COMPELLED -- IMMUNITY FROM PROSECUTION

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 2
                         THE DEPARTMENT OF INSURANCE
    41-230.  TESTIMONY COMPELLED -- IMMUNITY FROM PROSECUTION. (1) If any
person asks to be excused from attending or testifying or from producing any
books, papers, records, contracts, documents, or other evidence in connection
with any examination, hearing, or investigation being conducted by the
director, his deputy or examiner, or in any proceeding or action before any
court or magistrate upon a charge of violation of this code, on the ground
that the testimony or evidence required of him may tend to incriminate him or
subject him to a penalty or forfeiture, and shall notwithstanding be directed
to give such testimony or produce such evidence, he must, if so directed by
the director and the attorney general, nonetheless comply with such direction;
but he shall not thereafter be prosecuted or subjected to any penalty or
forfeiture for or on account of any transaction, matter or thing concerning
which he may have so testified or produced evidence, and no testimony so given
or evidence produced shall be received against him upon any criminal action,
investigation, or proceeding; except, however, that no such person so
testifying shall be exempt from prosecution or punishment for any perjury
committed by him in such testimony, and the testimony or evidence so given or
produced shall be admissible against him upon any criminal action,
investigation, or proceeding concerning such perjury; nor shall he be exempt
from the refusal, suspension, or revocation of any license, permission, or
authority conferred, or to be conferred, pursuant to this code.
    (2)  Any such individual may execute, acknowledge and file in the
department a statement expressly waiving such immunity or privilege in respect
to any transaction, matter or thing specified in such statement, and thereupon
the testimony of such individual or such evidence in relation to such
transaction, matter, or thing may be received or produced before any judge or
justice, court, tribunal, magistrate, grand jury or otherwise, and if so
received or produced such individual shall not be entitled to any immunity or
privileges on account of any testimony he may so give or evidence so produced.