|SB 0692||Compelling Witness Testimony|
|LR Number:||S2788.01I||Fiscal Note:||2788-01|
|Last Action:||01/31/96 - Hearing Conducted S Judiciary Committee|
|Effective Date:||August 28, 1996|
SB 692- This act allows a court to order an individual to testify notwithstanding the individual's right to assert his privilege against self-incrimination.
The prosecuting attorney may, with approval from the Attorney General's office, request an order to compel testimony and produce evidence when the prosecuting attorney believes that: a) such testimony or information is necessary to the public interest; and b) the witness has refused to testify or is likely to refuse on the basis of his privilege against self- incrimination. Once the prosecuting attorney has made such a request, the court shall issue an order to compel testimony.
When an order is issued, the individual must testify. The individual shall not be prosecuted for any transaction based upon his testimony. However, the individual may be prosecuted for perjury. If the person refuses to testify, he may be incarcerated for up to one year in the county jail.
This bill is similar to SB 343 (1995) and HB 818 (1996).