41-1066. Compulsory testimony; privilege
against self-incrimination
A. A person may not refuse to attend and testify or produce evidence sought by an
agency in an action, proceeding or investigation instituted by or before the agency on
the ground that the testimony or evidence, documentary or otherwise, required of him may
tend to incriminate him or subject him to a penalty or forfeiture unless it constitutes
the compelled testimony or the private papers of the person which would be privileged
evidence either pursuant to the fifth amendment of the Constitution of the United States
or article II, section 10, Constitution of Arizona, and the person claims the privilege
prior to the production of the testimony or papers.
B. If a person asserts his privilege against self-incrimination and the agency
seeks to compel production of the testimony or documents sought, it may, with the prior
written approval of the attorney general, issue a written order compelling the testimony
or production of documents in proceedings and investigations before the agency or apply
to the appropriate court for such an order in other actions or proceedings.
C. Evidence produced pursuant to subsection B is not admissible in evidence or
usable in any manner in a criminal prosecution, except for perjury, false swearing,
tampering with physical evidence or any other offense committed in connection with the
appearance made pursuant to this section against the person testifying or the person
producing his private papers.
|