Revised Code of Washington - RCW Title 10 Criminal Procedure - Section 10.27.130 Self-incrimination -- Refusal to testify or give evidence -- Procedure

§ 10.27.130. Self-incrimination -- Refusal to testify or give evidence -- Procedure

If in any proceedings before a grand jury or special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated thereby, and if a public attorney requests the court to order that person to testify or provide the evidence, the court shall then hold a hearing and shall so order unless it finds that to do so would be clearly contrary to the public interest, and that person shall comply with the order. The hearing shall be subject to the provisions of RCW 10.27.080 and 10.27.090, unless the witness shall request that the hearing be public.

If, but for this section, he would have been privileged to withhold the answer given or the evidence produced by him, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but he shall not be prosecuted or subjected to criminal penalty or forfeiture for or on account of any transaction, matter, or fact concerning which he has been ordered to testify pursuant to this section. He may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or for offering false evidence to the grand jury.

[1971 ex.s. c 67 § 13.]

Sections:  Previous  10.27.050  10.27.060  10.27.070  10.27.080  10.27.090  10.27.100  10.27.110  10.27.120  10.27.130  10.27.140  10.27.150  10.27.160  10.27.170  10.27.180  10.27.190  Next

Last modified: April 7, 2009