2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5947 - Immunity of witnesses.

     § 5947.  Immunity of witnesses.
        (a)  General rule.--Immunity orders shall be available under
     this section in all proceedings before:
            (1)  Courts.
            (2)  Grand juries.
            (3)  Investigating grand juries.
            (4)  The minor judiciary or coroners.
        (b)  Request and issuance.--The Attorney General or a
     district attorney may request an immunity order from any judge
     of a designated court, and that judge shall issue such an order,
     when in the judgment of the Attorney General or district
     attorney:
            (1)  the testimony or other information from a witness
        may be necessary to the public interest; and
            (2)  a witness has refused or is likely to refuse to
        testify or provide other information on the basis of his
        privilege against self-incrimination.
        (c)  Order to testify.--Whenever a witness refuses, on the
     basis of his privilege against self-incrimination, to testify or
     provide other information in a proceeding specified in
     subsection (a), and the person presiding at such proceeding
     communicates to the witness an immunity order, that witness may
     not refuse to testify based on his privilege against self-
     incrimination.
        (d)  Limitation on use.--No testimony or other information
     compelled under an immunity order, or any information directly
     or indirectly derived from such testimony or other information,
     may be used against a witness in any criminal case, except that
     such information may be used:
            (1)  in a prosecution under 18 Pa.C.S. § 4902 (relating
        to perjury) or under 18 Pa.C.S. § 4903 (relating to false
        swearing);
            (2)  in a contempt proceeding for failure to comply with
        an immunity order; or
            (3)  as evidence, where otherwise admissible, in any
        proceeding where the witness is not a criminal defendant.
        (e)  Civil contempt.--Any person who shall fail to comply
     with an immunity order may be adjudged in civil contempt and
     committed to the county jail until such time as he purges
     himself of contempt by complying with the order, except that
     with regard to proceedings before grand juries or investigating
     grand juries, if the grand jury before which a person has been
     ordered to testify has been dissolved, he may then purge himself
     of contempt by complying before the designated court which
     issued the order.
        (f)  Criminal contempt.--In addition to civil contempt as
     provided in subsection (e), any person who shall fail to comply
     with an immunity order shall be guilty of criminal contempt, and
     upon conviction thereof, shall be sentenced to pay a fine of not
     more than $1,000 or to undergo imprisonment for a period of not
     more than one year, or both.
        (g)  Definitions.--The following words and phrases when used
     in this section shall have, unless the context clearly indicates
     otherwise, the meanings given to them in this subsection:
        "Designated court."
            (1)  In the case of proceedings before courts, countywide
        grand juries, countywide investigating grand juries, the
        minor judiciary or coroners: the court of common pleas of the
        judicial district in which the proceeding is taking place.
            (2)  In the case of proceedings before multicounty
        investigating grand juries: the judge of the court of common
        pleas designated as supervising judge of that grand jury.
        "Immunity order."  An order issued under this section by a
     designated court, directing a witness to testify or produce
     other information over a claim of privilege against self-
     incrimination.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 4, 1978,
     P.L.873, No.168, eff. 60 days; Oct. 5, 1980, P.L.693, No.142,
     eff. 60 days)

        Cross References.  Section 5947 is referred to in section 911
     of Title 18 (Crimes and Offenses).

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