50.20 - Compulsion of evidence by offer of immunity.

§ 50.20  Compulsion of evidence by offer of immunity.    1.    Any  witness  in  a  legal  proceeding,  other than a grand jury  proceeding, may refuse to give evidence requested of him on  the  ground  that  it  may tend to incriminate him and he may not, except as provided  in subdivision two, be compelled to give such evidence.    2.   Such a witness may be  compelled  to  give  evidence  in  such  a  proceeding   notwithstanding  an  assertion  of  his  privilege  against  self-incrimination if:    (a)  The proceeding is one in which, by express provision of  statute,  a  person  conducting  or  connected  therewith  is declared a competent  authority to confer immunity upon witnesses therein; and    (b)  Such competent authority (i) orders  such  witness  to  give  the  requested  evidence  notwithstanding  his  assertion  of  his  privilege  against self-incrimination, and (ii) advises him that upon so  doing  he  will receive immunity.    3.   A witness who is ordered to give evidence pursuant to subdivision  two and who complies with such order receives immunity.  Such witness is  not deprived of such immunity because such competent authority  did  not  comply  with statutory provisions requiring notice to a specified public  servant of intention to confer immunity.    4.      A  witness  who,  without  asserting  his  privilege   against  self-incrimination,  gives  evidence  in a legal proceeding other than a  grand jury proceeding does not receive immunity.    5.  The rules governing the circumstances in which  witnesses  may  be  compelled  to  give evidence and in which they receive immunity therefor  in a grand jury proceeding are prescribed in section 190.40.