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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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