To amend chapter 491, RSMo, by adding thereto one new section relating to witness immunity, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 491, RSMo, is amended by adding thereto one new section, to be known as section 491.205, to read as follows:

491.205. 1. In the case of any individual who has been or may be called to testify or provide other information at any proceeding ancillary to or before a circuit or associate circuit court or grand jury of the state of Missouri, the judge of the circuit in which the proceeding is or may be held shall issue, upon the written request of the prosecuting attorney made in accordance with subsection 2 of this section, an order requiring such individual to give testimony or provide other information which the individual refuses to give or provide on the basis of the individual's privilege against self-incrimination. When such an order is issued, the witness may not refuse to comply with the order on the basis of the witness's privilege against self-incrimination, but after complying with the order and giving the testimony or producing the evidence compelled by the order, no such person shall be prosecuted, punished or subjected to any penalty, criminal or otherwise, for or on account of any act, transaction, matter or thing which is the subject matter of the inquiry in which the person testifies or produces evidence, except a prosecution for perjury, giving a false or misleading statement or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order.

2. A prosecuting attorney may, with the approval of the attorney general or a duly designated assistant attorney general, only request an order compelling a witness to testify and produce evidence when in the prosecuting attorney's judgment:

(1) Testimony or other information from such individual may be necessary to the public interest; and

(2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the individual's privilege against self-incrimination.

3. If a person refuses to testify on the basis of such person's privilege against self-incrimination after being given an order to testify under this section or produce evidence or other information, such person shall be adjudged in contempt and committed to the county jail until such time, not to exceed twelve months, as the person purges himself or herself of this contempt by testifying or producing evidence and information as ordered.