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This entry was published on 2014-09-22
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SECTION 190.45
Grand jury; waiver of immunity
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 190
§ 190.45 Grand jury; waiver of immunity.

1. A waiver of immunity is a written instrument subscribed by a
person who is or is about to become a witness in a grand jury
proceeding, stipulating that he waives his privilege against
self-incrimination and any possible or prospective immunity to which he
would otherwise become entitled, pursuant to section 190.40, as a result
of giving evidence in such proceeding.

2. A waiver of immunity is not effective unless and until it is sworn
to before the grand jury conducting the proceeding in which the
subscriber has been called as a witness.

3. A person who is called by the people as a witness in a grand jury
proceeding and requested by the district attorney to subscribe and swear
to a waiver of immunity before giving evidence has a right to confer
with counsel before deciding whether he will comply with such request,
and, if he desires to avail himself of such right, he must be accorded a
reasonable time in which to obtain and confer with counsel for such
purpose. The district attorney must inform the witness of all such
rights before obtaining his execution of such a waiver of immunity. Any
waiver obtained, subscribed or sworn to in violation of the provisions
of this subdivision is invalid and ineffective.

4. If a grand jury witness subscribes and swears to a waiver of
immunity upon a written agreement with the district attorney that the
interrogation will be limited to certain specified subjects, matters or
areas of conduct, and if after the commencement of his testimony he is
interrogated and testifies concerning another subject, matter or area of
conduct not included in such written agreement, he receives immunity
with respect to any further testimony which he may give concerning such
other subject, matter or area of conduct and the waiver of immunity is
to that extent ineffective.