HB 0339 (Truly Agreed) Compelling Witness Testimony
Bill Summary

HB 339 - This act grants immunity from prosecution to a person who is compelled to testify over his 5th Amendment privilege against self-incrimination.

The prosecutor may request a court order to compel testimony if the witness has refused or is likely to refuse to testify on the basis of his 5th Amendment privilege; and a) such testimony is necessary to the investigation and could not otherwise be obtained; or b) such testimony is necessary to prove a defendant's guilt beyond a reasonable doubt. If the court issues such an order and the person refuses to testify, such person shall be in contempt of court and put in jail for up to one year or until he testifies or produces the requested evidence.

A person compelled to testify may only be subsequently charged with an act of perjury or contempt arising from such testimony.

Any grand jury proceeding which includes compelled testimony shall be recorded. This act is nearly identical to SB 338.
JAMES KLAHR

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