§ 12-17-15 - Compelling evidence in criminal proceedings – Immunity.
SECTION 12-17-15
§ 12-17-15 Compelling evidence in criminalproceedings – Immunity. – Whenever a witness, including a child as defined in § 14-1-3, refuses, onthe basis of his or her privilege against self-incrimination, to answer aquestion or to produce other evidence of any kind in a criminal proceedingbefore any court or grand jury of this state, the attorney general may, inwriting, request the presiding justice of the superior court or the chief judgeof the family court or the district court to order the witness to answer thequestion or produce the evidence. The court, in its discretion, after notice tothe witness, may order the witness to answer the question or produce theevidence. The witness may not refuse to comply with the order on the basis ofhis privilege against self-incrimination; but the witness shall not beprosecuted or subjected to penalty or forfeiture for, or on account of, anytransaction or matter regarding which, in accordance with the order, he or shegave answer or produced evidence and no testimony or other informationcompelled under the order or any information directly or indirectly derivedfrom the testimony or other information shall be used against the witness inany criminal case, except he or she may be prosecuted or subjected to penaltyor forfeiture for any perjury, false swearing, or contempt committed inanswering or failing to answer, or in producing or failing to produce evidence,in accordance with the order. No court order directing a witness to answer aquestion or to produce evidence issued pursuant to this section shall operateto vacate, modify, or otherwise prevent the enforcement of any conviction,judgment, or sentence entered by any court against the witness prior to thegrant of immunity, unless the order entered pursuant to this section expresslyprovides for it.