Maryland Courts and Judicial Proceedings Section 9-123

Article - Courts and Judicial Proceedings

§ 9-123.

      (a)      (1)      In this section the following words have the meanings indicated.

            (2)      "Other information" includes any book, paper, document, record, recording, or other material.

            (3)      "Prosecutor" means:

                  (i)      The State's Attorney for a county;

                  (ii)      A Deputy State's Attorney;

                  (iii)      The Attorney General of the State; or

                  (iv)      A Deputy Attorney General or designated Assistant Attorney General.

      (b)      (1)      If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, and the court issues an order to testify or provide other information under subsection (c) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination.

            (2)      No testimony or other information compelled under the order, and no information directly or indirectly derived from the testimony or other information, may be used against the witness in any criminal case, except in a prosecution for perjury, obstruction of justice, or otherwise failing to comply with the order.

      (c)      If an individual has been, or may be, called to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, the court in which the proceeding is or may be held shall issue, on the request of the prosecutor made in accordance with subsection (d) of this section, an order requiring the individual to give testimony or provide other information which the individual has refused to give or provide on the basis of the individual's privilege against self-incrimination. The order shall have the effect provided under subsection (b) of this section.

      (d)      If a prosecutor seeks to compel an individual to testify or provide other information, the prosecutor shall request, by written motion, the court to issue an order under subsection (c) of this section when the prosecutor determines that:

            (1)      The testimony or other information from the individual may be necessary to the public interest; and

            (2)      The individual has refused or is likely to refuse to testify or provide other information on the basis of the individual's privilege against self-incrimination.

      (e)      If a witness refuses to comply with an order issued under subsection (c) of this section, on written motion of the prosecutor and on admission into evidence of the transcript of the refusal, if the refusal was before a grand jury, the court shall treat the refusal as a direct contempt, notwithstanding any law to the contrary, and proceed in accordance with Title 15, Chapter 200 of the Maryland Rules.