77-22b-1 - Immunity granted to witness.
77-22b-1. Immunity granted to witness.
(1) (a) A witness who refuses, or is likely to refuse, on the basis of his privilege againstself-incrimination to testify or provide evidence or information in a criminal investigation,including a grand jury investigation or prosecution of a criminal case, or in aid of an investigationor inquiry being conducted by a government agency or commission, or by either house of theLegislature, a joint committee of the two houses, or a committee or subcommittee of either housemay be compelled to testify or provide evidence or information by any of the following, afterbeing granted use immunity with regards to the compelled testimony or production of evidence orinformation:
(i) the attorney general or any assistant attorney general authorized by the attorneygeneral;
(ii) a district attorney or any deputy district attorney authorized by a district attorney;
(iii) in a county not within a prosecution district, a county attorney or any deputy countyattorney authorized by a county attorney;
(iv) a special counsel for the grand jury;
(v) a prosecutor pro tempore appointed under the Utah Constitution, Article VIII, Sec.16; or
(vi) legislative general counsel in the case of testimony pursuant to subpoena before theLegislature or any committee of the Legislature having subpoena powers.
(b) If any prosecutor authorized under Subsection (1)(a) intends to compel a witness totestify or provide evidence or information under a grant of use immunity, the prosecutor shallnotify the witness by written notice. The notice shall include the information contained inSubsection (2) and advise the witness that he may not refuse to testify or provide evidence orinformation on the basis of his privilege against self-incrimination. The notice need not be inwriting when the grant of use immunity occurs on the record in the course of a preliminaryhearing, grand jury proceeding, or trial.
(2) Testimony, evidence, or information compelled under Subsection (1) may not be usedagainst the witness in any criminal or quasi-criminal case, nor any information directly orindirectly derived from this testimony, evidence, or information, unless the testimony, evidence,or information is volunteered by the witness or is otherwise not responsive to a question. Immunity does not extend to prosecution or punishment for perjury or to giving a false statementin connection with any testimony.
(3) If a witness is granted immunity under Subsection (1), and is later prosecuted for anoffense that was part of the transaction or events about which the witness was compelled to testifyor produce evidence or information under a grant of immunity, the burden is on the prosecution toshow by a preponderance of the evidence that no use or derivative use was made of thecompelled testimony, evidence, or information in the subsequent case against the witness, and toshow that any proffered evidence was derived from sources totally independent of the compelledtestimony, evidence, or information. The remedy for not establishing that any proffered evidencewas derived from sources totally independent of the compelled testimony, evidence, orinformation is suppression of that evidence only.
(4) Nothing in this section prohibits or limits prosecutorial authority granted in Section77-22-4.5.
(5) A county attorney within a prosecution district shall have the authority to grantimmunity only as provided in Section 17-18-1.5.
(6) For purposes of this section, "quasi-criminal" means only those proceedings that aredetermined by a court to be so far criminal in their nature that a defendant has a constitutionalright to not incriminate himself.
Enacted by Chapter 296, 1997 General Session