(1) Any testimony obtained by the attorney general or a district attorney pursuant to compulsory process under this article or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so compelled to testify. The provisions of this subsection (1) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
(2) Subject to the provisions of section 6-1-110 (2), the records of investigations or intelligence information of the attorney general or a district attorney obtained under this article may be deemed public records available for inspection by the general public at the discretion of the attorney general or the district attorney. This subsection (2) shall not be construed to prevent the attorney general or a district attorney from issuing public statements describing or warning of any course of conduct or any conspiracy which constitutes a deceptive trade practice, whether on a local, statewide, regional, or nationwide basis.
Source: L. 69: p. 375, § 8. C.R.S. 1963: § 55-5-8. L. 77: Entire section amended, p. 350, § 7, effective July 1. L. 81: (1) amended, p. 401, § 1, effective April 30. L. 88: (2) amended, p. 344, § 5, effective July 1.
ANNOTATION
Grant of immunity contained in subsection (1) cannot withstand constitutional scrutiny. People ex rel. MacFarlane v. Sari, 196 Colo. 235, 585 P.2d 591 (1978) (decided prior to 1981 amendment).
Immunity allows state to compel testimony. A grant of immunity as extensive as a witness's constitutional privilege against self-incrimination allows a state to compel testimony which might otherwise be unobtainable. People ex rel. Smith v. Jordan, 689 P.2d 1172 (Colo. App. 1984).