304.2-350 Testimony compelled -- Immunity from prosecution.
(1)
(2)
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 commissioner,
his or her deputy or examiner, or in any proceeding or action before any court upon
a charge of violation of this code, on the ground that the testimony or evidence
required of the person may tend to incriminate the person or subject the person to a
penalty or forfeiture, and shall notwithstanding be directed to give testimony or
produce evidence, the person must, if so directed by the commissioner and the
Attorney General, nonetheless comply with the direction; but the person shall not
thereafter be prosecuted or subjected to any criminal penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which the person may have
so testified or produced evidence, and no testimony so given or evidence produced
shall be received against the person upon any criminal action, investigation, or
proceeding; except, however, that no person so testifying shall be exempt from
prosecution or punishment for any perjury committed by the person in giving
testimony, and the testimony or evidence so given or produced shall be admissible
against the person upon any criminal action, investigation, or proceeding concerning
perjury.
Any individual may execute, acknowledge, and file in the department a statement
expressly waiving immunity or privilege in respect to any transaction, matter, or
thing specified in a statement, and thereupon the testimony of the individual or the
evidence in relation to the transaction, matter, or thing may be received or produced
before any judge, court, tribunal, grand jury, or otherwise, and if so received or
produced the individual shall not be entitled to any immunity or privileges on
account of any testimony he or she may so give or evidence so produced.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 951, effective July 15, 2010. -- Amended
1998 Ky. Acts ch. 483, sec. 6, effective July 15, 1998. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 14, sec. 269, effective January 2, 1978. -- Created 1970 Ky. Acts
ch. 301, subtit. 2, sec. 35, effective June 18, 1970.
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