40.112. Compelling self-incrimination prohibited--accused person's rights --violations not admitted in evidence.
Compelling self-incrimination prohibited--accused person's rights--violations not admitted in evidence.
40.112. 1. No person subject to sections 40.005 to 40.490shall compel any person to incriminate himself or to answer anyquestion, the answer to which may tend to incriminate the person.
2. No person subject to sections 40.005 to 40.490 shallinterrogate or request any statement from an accused or a personsuspected of an offense without first informing him of the natureof the accusation and advising him that he does not have to makeany statement regarding the offense of which he is accused orsuspected, that any statement made by him can and will be used asevidence against him in a trial by court-martial, that he has aright to consult with a lawyer, and that he has a right to have alawyer present during questioning, as well as otherconstitutional safeguards provided for an accused person or aperson suspected of an offense.
3. No person subject to sections 40.005 to 40.490 shallcompel any person to make a statement or produce evidence beforeany military tribunal if the statement or evidence is notmaterial to the issue and may tend to degrade the person.
4. No statement obtained from any person in violation ofthis section, or through the use of coercion, unlawful influenceor unlawful inducement shall be received in evidence against theperson in a trial by court-martial.
5. The requirements of this section are binding on allpersons administering sections 40.005 to 40.490 but failure tofollow them does not divest a military court of jurisdiction.
(L. 1984 H.B. 1035 § 32)