Texas Business & Commerce Code - Section 15.13. Immunity From Criminal Prosecution
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§ 15.13. IMMUNITY FROM CRIMINAL PROSECUTION. (a)
Application by Attorney General. If a person upon whom an
investigative demand or request for discovery has been properly
served pursuant to Section 15.10, 15.11, or 15.12 of this Act
refuses or is likely to refuse to comply with the demand or request
on the basis of his or her privilege against self-incrimination,
the attorney general may apply to a district court in the county in
which the person is located for an order granting the person
immunity from prosecution and compelling the person's compliance
with the demand or request.
(b) Order Granting Immunity and Compelling Testimony and
Production. Upon receipt of an application filed under Subsection
(a) of this section, the court may issue an order granting the
person immunity from prosecution and requiring the person to comply
with the demand or request notwithstanding his or her claim of
privilege. The order shall explain the scope of protection
afforded by it.
(c) Effectiveness of Order. An order may be issued under
Subsection (b) of this section prior to the assertion of the
privilege against self-incrimination but shall not be effective
until the person to whom it is directed asserts the privilege and is
informed of the order.
(d) Compliance with Order. A person who has been informed
of an order issued by a court under this section compelling his or
her testimony or production of material may not refuse to comply
with the order on the basis of his or her privilege against
self-incrimination. A person who complies with the order may not be
criminally prosecuted for or on account of any act, transaction,
matter, or thing about which he or she is ordered to testify or
produce unless the alleged offense is perjury or failure to comply
with the order. Failure to comply with the order may be punished by
the court as contempt of the order.
Amended by Acts 1983, 68th Leg., p. 3019, ch. 519, § 2, eff. Aug.
29, 1983.
Section: 15.02 15.03 15.04 15.05 15.10 15.11 15.12 15.13 15.16 15.20 15.21 15.22 15.24 15.25 15.26
Last modified: August 10, 2007
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