§ 35-34-2-8 — Witnesses; use immunity

Indiana § 35-34-2-8

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 2: Grand Jury and Special Grand Jury

Text

(a) Upon request by the prosecuting attorney,
the court shall grant use immunity to a witness before the grand jury.
The court shall instruct the witness by written order or in open court
that any evidence the witness gives before the grand jury, or evidence
derived from that evidence, may not be used in any criminal
prosecution against that witness, unless the evidence is volunteered by
the witness or is not responsive to a question by the grand jury or the
prosecutor. The court shall then instruct the witness that the witness
must answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence
the witness gives in a prosecution for perjury under IC 35-44.1-2-1.
(c) If a witness refuses to give evidence after the witness has been
granted use immunity, the witness shall be brought before the court and
the court shall proceed as if the witness had refused in open court.
As added by Acts 1981, P.L.298, SEC.3. Amended by
P.L.126-2012, SEC.48.