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This entry was published on 2014-09-22
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Compulsion of evidence by offer of immunity
Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE C, ARTICLE 50
§ 50.20 Compulsion of evidence by offer of immunity.

1. Any witness in a legal proceeding, other than a grand jury
proceeding, may refuse to give evidence requested of him on the ground
that it may tend to incriminate him and he may not, except as provided
in subdivision two, be compelled to give such evidence.

2. Such a witness may be compelled to give evidence in such a
proceeding notwithstanding an assertion of his privilege against
self-incrimination if:

(a) The proceeding is one in which, by express provision of statute,
a person conducting or connected therewith is declared a competent
authority to confer immunity upon witnesses therein; and

(b) Such competent authority (i) orders such witness to give the
requested evidence notwithstanding his assertion of his privilege
against self-incrimination, and (ii) advises him that upon so doing he
will receive immunity.

3. A witness who is ordered to give evidence pursuant to subdivision
two and who complies with such order receives immunity. Such witness is
not deprived of such immunity because such competent authority did not
comply with statutory provisions requiring notice to a specified public
servant of intention to confer immunity.

4. A witness who, without asserting his privilege against
self-incrimination, gives evidence in a legal proceeding other than a
grand jury proceeding does not receive immunity.

5. The rules governing the circumstances in which witnesses may be
compelled to give evidence and in which they receive immunity therefor
in a grand jury proceeding are prescribed in section 190.40.