§ 516:34 — Compelling Evidence in Criminal Proceedings; Immunity

I. Whenever:
(a) A witness refuses, on the basis of his privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to a district or superior court or a grand jury; and
(b) The person presiding over the proceeding communicates on the record to the witness an order issued under paragraph II,
the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. However, the witness may be prosecuted or subject to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order.
II. A prosecutor may, with the prior written approval of the attorney general or county attorney for the jurisdiction where offenses are alleged to have occurred, request an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, when in the judgment of the attorney general or county attorney:
(a) The testimony or other information from such individual may be necessary to the public interest.
(b) Such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.

Legislative History

1967, 427:1. 1993, 115:1, eff. July 1, 1993.