491.205. Court may compel testimony, witness immunity, exception, when, penalty.
Court may compel testimony, witness immunity, exception, when,penalty.
491.205. 1. In the case of any individual who has been or may becalled to testify or provide other information at any proceeding ancillaryto or before a circuit or associate circuit court or grand jury of thestate of Missouri, the judge of the circuit in which the proceeding is ormay be held may issue, in accordance with subsection 2 of this section,upon the written request of the prosecuting attorney an order requiringsuch individual to give testimony or provide other information which theindividual refuses to give or provide on the basis of the individual'sprivilege against self-incrimination. When such an order is issued, thewitness may not refuse to comply with the order on the basis of thewitness's privilege against self-incrimination, but after complying withthe order and giving the testimony or producing the evidence compelled bythe order, no such person shall be criminally prosecuted or subjected toany criminal penalty for or on account of any act, transaction, matter orthing which is the subject matter of the inquiry in which the persontestifies or produces evidence, except a prosecution for perjury, giving afalse or misleading statement or contempt committed in answering or failingto answer, or in producing or failing to produce evidence in accordancewith the order.
2. A prosecuting attorney may be granted an order compelling awitness to testify and produce evidence upon the approval of a verifiedapplication for witness immunity heard by a judge of the circuit court.The judge hearing the application for witness immunity may not preside overa grand jury proceeding where such testimony is given, and may not hear thesubsequent criminal trial or any ancillary proceeding for which theimmunity applies. Such application shall offer proof that:
(1) Such individual has refused or is likely to refuse to testify orprovide other information on the basis of the individual's privilegeagainst self-incrimination; and either:
(2) The testimony or other information to be provided by suchindividual is necessary to the investigation or prosecution and isotherwise unobtainable; or
(3) The testimony or other information to be provided by suchindividual is necessary for the prosecutor to prove a defendant's guiltbeyond a reasonable doubt.
3. If a person refuses to testify on the basis of such person'sprivilege against self-incrimination after being given an order to testifyunder this section or produce evidence or other information, such personshall be adjudged in contempt and committed to the county jail until suchtime as the person purges himself or herself of this contempt by testifyingor producing evidence and information as ordered, or the trial for whichthe person's testimony was requested has concluded. In no event shall thelength of confinement exceed twelve months.
(L. 1997 H.B. 339)