Sec. 54-47a. Compelling testimony of witness. Immunity from prosecution.
Sec. 54-47a. Compelling testimony of witness. Immunity from prosecution. (a)
Whenever in the judgment of the Chief State's Attorney, a state's attorney or the deputy
chief state's attorney, the testimony of any witness or the production of books, papers
or other evidence of any witness (1) in any criminal proceeding involving narcotics,
arson, bribery, gambling, election law violations, felonious crimes of violence, any
violation which is an offense under the provisions of title 22a, corruption in the executive,
legislative or judicial branch of state government or in the government of any political
subdivision of the state, fraud by a vendor of goods or services in the medical assistance
program under Title XIX of the Social Security Act amendments of 1965, as amended,
any violation of chapter 949c, or any other class A, B or C felony or unclassified felony
punishable by a term of imprisonment in excess of five years for which the Chief State's
Attorney or state's attorney demonstrates that he has no other means of obtaining sufficient information as to whether a crime has been committed or the identity of the person
or persons who may have committed a crime, before a court or grand jury of this state
or (2) in any investigation conducted by an investigatory grand jury as provided in
sections 54-47b to 54-47g, inclusive, is necessary to the public interest, the Chief State's
Attorney, the state's attorney, or the deputy chief state's attorney, may, with notice to
the witness, after the witness has claimed his privilege against self-incrimination, make
application to the court for an order directing the witness to testify or produce evidence
subject to the provisions of this section.
(b) Upon the issuance of the order such witness shall not be excused from testifying
or from producing books, papers or other evidence in such case or proceeding on the
ground that the testimony or evidence required of him may tend to incriminate him or
subject him to a penalty or forfeiture. No such witness may be prosecuted or subjected to
any penalty or forfeiture for or on account of any transaction, matter or thing concerning
which he is compelled to testify or produce evidence, and no testimony or evidence so
compelled, and no evidence discovered as a result of or otherwise derived from testimony or evidence so compelled, may be used as evidence against him in any proceeding,
except that no witness shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. Whenever evidence is
objected to as inadmissible because it was discovered as a result of or otherwise derived
from compelled testimony or evidence, the burden shall be upon the person offering the
challenged evidence to establish a source independent of the compelled testimony or
evidence.
(1969, P.A. 631, S. 1; P.A. 74-183, S. 140, 291; 74-227, S. 1, 2; P.A. 76-436, S. 539, 681; P.A. 78-96, S. 3-5; P.A. 80-313, S. 6; P.A. 81-104; P.A. 85-611, S. 8; P.A. 87-350, S. 4, 6.)
History: P.A. 74-183 replaced circuit court with court of common pleas in accordance with reorganization of the judicial
system, effective December 31, 1974; P.A. 74-227 deleted reference to prosecuting attorneys, added references to chief
state's attorney, deputy chief state's attorneys, state referees, superior court judges and three-judge panels and extended
applicability of provisions to cases involving violation of election laws; P.A. 76-436 deleted references to court of common
pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 78-96 applied provisions to
violations which are offenses under Title 25 provisions; P.A. 80-313 divided section into Subsecs. and made minor wording
changes in Subsec. (b); P.A. 81-104 provided that immunity from prosecution may be granted to any witness in a criminal
proceeding involving arson or bribery; P.A. 85-611 amended Subsec. (a) to replace reference to repealed Sec. 54-47 with
provision that testimony or evidence may be compelled "in any investigation conducted by an investigatory grand jury as
provided in sections 54-47b to 54-47g, inclusive"; P.A. 87-350 added provisions re criminal proceeding involving violation
of title 22a, corruption in executive, legislative or judicial branch of state government or in government of political subdivision of state, fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social
Security Act amendments of 1965, any violation of chapter 949c or any other class A, B or C felony or unclassified felony
punishable by a term of imprisonment in excess of five years for which chief state's attorney or state's attorney demonstrates
that he has no other means of obtaining sufficient information as to whether crime has been committed or identity of person
who may have committed a crime.
Section to be used to secure testimony for prosecution; as there is no other statutory authority granting immunity, there
is no basis for granting immunity to witness for the defense. 170 C. 206. Cited. 172 C. 542, 561. Assistant state's attorney
has authority pursuant to this section in conjunction with Sec. 51-278, to make applications for immunity grants. 174 C.
16. One who has been granted immunity is not incompetent witness, although fact of immunity may bear upon weight
given testimony of witness granted immunity. Id., 287. Cited. 191 C. 670. Cited. 201 C. 559. Cited. 202 C. 541. Cited.
204 C. 259. Defendant lacks standing to challenge procedure by which a witness has been immunized. 206 C. 203. Cited.
207 C. 98. Secs. 54-47a-54-47h also cited. Id. Cited. 213 C. 66. Cited. 221 C. 625.
Cited. 16 CA 679. Cited. 17 CA 395. Cited. 20 CA 447. Cited. 33 CA 521.
Cited. 45 CS 1.