Grant of use immunity; instruction of witness; contempt; perjury
Sec. 3. (a) Upon request of the prosecuting attorney, the court
shall grant use immunity to a witness. The court shall instruct the
witness, by written order or in open court, that any evidence the
witness gives, or evidence derived from that evidence, may not be
used in any criminal proceeding against that witness, unless the
evidence is volunteered by the witness or is not responsive to a
question by the prosecuting attorney. The court shall 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 has given in a prosecution for perjury under
IC 35-44-2-1.
(c) If a witness refuses to give the evidence after he has been
granted use immunity, the court may find him in contempt.
As added by Acts 1981, P.L.298, SEC.6.
Last modified: May 24, 2006