CHAPTER 3. WITNESS IMMUNITY
IC 35-37-3
Chapter 3. Witness Immunity
IC 35-37-3-1
Refusal of witness to answer or produce item; hearing; decision on
right to refuse
Sec. 1. (a) If a witness, in any hearing or trial occurring after an
indictment or information has been filed, refuses to answer any
question or produce any item, the court shall remove the jury, if one
is present, and immediately conduct a hearing on the witness's
refusal. After such a hearing, the court shall decide whether the
witness is required to answer the question or produce the item.
(b) If the prosecuting attorney has reason to believe that a witness
will refuse to answer a question or produce an item during any
criminal trial, the prosecuting attorney may submit the question or
request to the trial court. The court shall hold a hearing to determine
if the witness may refuse to answer the question or produce the item.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-3-2
Self-incrimination; request for use immunity
Sec. 2. If the court determines that the witness, based upon his
privilege against self-incrimination, may properly refuse to answer
a question or produce an item, the prosecuting attorney may make a
written request that the court grant use immunity to the witness, in
accordance with section 3 of this chapter.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-3-3
Grant of use immunity; instruction of witness; contempt; perjury
Sec. 3. (a) Upon request of the prosecuting attorney, the court
shall grant use immunity to a witness. The court shall instruct the
witness, by written order or in open court, that any evidence the
witness gives, or evidence derived from that evidence, may not be
used in any criminal proceeding against that witness, unless the
evidence is volunteered by the witness or is not responsive to a
question by the prosecuting attorney. The court shall instruct the
witness that he must answer the questions asked and produce the
items requested.
(b) A grant of use immunity does not prohibit the use of evidence
the witness has given in a prosecution for perjury under
IC 35-44-2-1.
(c) If a witness refuses to give the evidence after he has been
granted use immunity, the court may find him in contempt.
As added by Acts 1981, P.L.298, SEC.6.