§ 5-64-706 — Grant of immunity

(a) (1) With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving evidence concerning a violation of this chapter. (2) However, the immunity does not extend to perjury committed in the testimony. (b) No prosecuting attorney shall grant immunity until he or she has applied for and obtained in each case a written order from the circuit judge approving the grant of immunity. (c) No immunity under subsection (a) of this section shall be granted by a prosecuting attorney until after the individual has declined to answer questions or has requested immunity before answering questions.

Legislative History

Acts 1973, No. 248, § 1; A.S.A. 1947, § 82-2639; Acts 2005, No. 1994, § 313.