Witness Immunity

Witness Immunity. (a) As used in this section: (1) “Other information” includes any book, paper document, record, recording, or other material; (2) “Court of the Commonwealth” means the Commonwealth Superior Court and any appellate court thereof. (b) Whenever a witness refuses, on the basis of the privilege against selfincrimination, to testify or provide other information in a proceeding before or ancillary to a court of the Commonwealth and the judge presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from the testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. (c) (1) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court of the Commonwealth, the court shall issue, in accordance with subsection (b) of this section, upon the request of the Attorney General or an assistant attorney general acting for him or her, an order requiring the individual to give testimony or provide other information which the witness refuses to give or provide on the basis of the privilege against self-incrimination. (2) The Attorney General or assistant attorney general may request an order under subsection (b) of this section when, in his or her judgment: (i) The testimony or other information from the individual may be necessary to the public interest; and (ii) The individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against selfincrimination. Source: PL 3-71, § 1 (§ 108), modified.