Witnesses; use immunity
Sec. 8. (a) Upon request by the prosecuting attorney, the court
shall grant use immunity to a witness before the grand jury. The
court shall instruct the witness by written order or in open court that
any evidence the witness gives before the grand jury, or evidence
derived from that evidence, may not be used in any criminal
prosecution against that witness, unless the evidence is volunteered
by the witness or is not responsive to a question by the grand jury or
the prosecutor. The court shall then instruct the witness that he must
answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence
the witness gives in a prosecution for perjury under IC 35-44-2-1.
(c) If a witness refuses to give evidence after he has been granted
use immunity, he shall be brought before the court and the court shall
proceed as if the witness had refused in open court.
As added by Acts 1981, P.L.298, SEC.3.
Last modified: May 24, 2006