§ 50.20 — Compulsion of evidence by offer of immunity

New York § 50.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title C: General Principles Relating to Requirements For and Exemptions From Criminal Prosecution
• Part 1: General Provisions
• Art. 50: Compulsion of Evidence By Offer of Immunity

Text

§ 50.20 Compulsion of evidence by offer of immunity.\n 1. Any witness in a legal proceeding, other than a grand jury\nproceeding, may refuse to give evidence requested of him on the ground\nthat it may tend to incriminate him and he may not, except as provided\nin subdivision two, be compelled to give such evidence.\n 2. Such a witness may be compelled to give evidence in such a\nproceeding notwithstanding an assertion of his privilege against\nself-incrimination if:\n (a) The proceeding is one in which, by express provision of statute,\na person conducting or connected therewith is declared a competent\nauthority to confer immunity upon witnesses therein; and\n (b) Such competent authority (i) orders such witness to give the\nrequested evidence notwithstanding his assertion of his privilege\nagainst self-incrimination, and (ii) advises him that upon so doing he\nwill receive immunity.\n 3. A witness who is ordered to give evidence pursuant to subdivision\ntwo and who complies with such order receives immunity. Such witness is\nnot deprived of such immunity because such competent authority did not\ncomply with statutory provisions requiring notice to a specified public\nservant of intention to confer immunity.\n 4. A witness who, without asserting his privilege against\nself-incrimination, gives evidence in a legal proceeding other than a\ngrand jury proceeding does not receive immunity.\n 5. The rules governing the circumstances in which witnesses may be\ncompelled to give evidence and in which they receive immunity therefor\nin a grand jury proceeding are prescribed in section 190.40.\n