§ 22-6-2.2 - Immunity of witnesses in impeachment proceedings.
SECTION 22-6-2.2
§ 22-6-2.2 Immunity of witnesses inimpeachment proceedings. – (a) In the case of any individual who has been or may be called to testify orprovide other information at any proceeding in connection with any resolutionof impeachment or impeachment trial before either house of the generalassembly, or any committee, or any subcommittee of either house, the presidingjustice of the superior court shall issue, in accordance with subsections (b)and (c) of this section, upon the request of a duly authorized representativeof the house of the general assembly or the committee concerned, an orderrequiring that individual to give testimony or provide other information whichhe or she refuses to give or provide on the basis of the privilege againstself-incrimination.
(b) Before issuing an order under subsection (a) of thissection, the presiding justice shall find that:
(1) In the case of a proceeding before either house of thegeneral assembly, the request for the order has been approved by an affirmativevote of a majority of the members present of that house;
(2) In the case of a proceeding before a committee or asubcommittee of either house of the general assembly, the request for the orderhas been approved by an affirmative vote of two-thirds ( 2/3) of the members ofthe full committee and obtained the written approval of the speaker, forcommittees of the house, or written approval of the president of the senate,for committees of the senate; and
(3) Five (5) days or more prior to the day on which therequest for the order was made, the attorney general was served with notice ofan intention to request the order.
(c) The presiding justice, after notice to the witness, shallorder the witness to answer all questions put to him or her or produce theevidence. The witness may not refuse to comply with the order on the basis ofhis or her 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, thewitness gave 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.