§ 14-1-30.1 - Compelling evidence in hearings – Immunity.
SECTION 14-1-30.1
§ 14-1-30.1 Compelling evidence inhearings – Immunity. – In the hearing of any case in which a child is alleged to be delinquent orwayward, if a person refuses to answer a question or produce other evidence ofany kind on the ground that he or she may be incriminated by it, or if a childrefuses to answer a question or produce other evidence of any kind on theground that it supports a finding that he or she is delinquent or wayward, andif the attorney general, in writing, requests the chief judge of the familycourt or his or her designee to order that person or child to answer thequestion or produce the evidence, the court, in its discretion, after notice tothe witness, may order the person or child to answer the question or producethe evidence. In deciding those matters, the chief judge or his or her designeeshall consider whether the person may be incriminated, or whether the evidencemay support a finding that the child is delinquent or wayward, in some otherjurisdiction. After complying, and if, but for this section, he or she wouldhave been privileged to withhold the answer given or the evidence produced byhim or her, that person or child shall not be prosecuted or subjected topenalty or forfeiture for or on account of any transaction, matter, or thingconcerning which, in accordance with the order, he gave answer or producedevidence. But he or she may, nevertheless, be prosecuted or subjected topenalty or 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.