§ 14-1-45.1 - Compelling evidence in adult cases – Immunity.
SECTION 14-1-45.1
§ 14-1-45.1 Compelling evidence in adultcases – Immunity. – In the hearing of any case in which an adult is charged with an offensecommitted against state laws within the purview of this chapter, if a personrefuses to answer a question or produce other evidence of any kind on theground that he or she may be incriminated by it, or if a child refuses toanswer a question or produce other evidence of any kind on the ground that itsupports a finding that he or she is delinquent or wayward, and if the attorneygeneral, in writing, requests the chief judge of the family court or his or herdesignee to order that person or child to answer the question or produce theevidence, the court, in its discretion, after notice to the witness, may orderthe person or child to answer the question or produce the evidence. In decidingthose matters, the chief judge or his or her designee shall consider whetherthe person may be incriminated or whether the evidence may support a findingthat the child is delinquent or wayward in some other jurisdiction. Aftercomplying, and if, but for this section, he or she would have been privilegedto withhold the answer given or the evidence produced by him or her, thatperson or child shall not be prosecuted or subjected to penalty or forfeiturefor or on account of any transaction, matter, or thing concerning which, inaccordance with the order, he or she gave answer or produced evidence. But heor she may, nevertheless, be prosecuted or subjected to penalty or forfeiturefor any perjury, false swearing, or contempt committed in answering or failingto answer, or in producing, or failing to produce, evidence in accordance withthe order.