CHAPTER 3. WITNESS IMMUNITY
IC 35-37-3
Chapter 3. Witness Immunity
IC 35-37-3-1
Refusal of witness to answer or produce item; hearing; decision onright to refuse
Sec. 1. (a) If a witness, in any hearing or trial occurring after anindictment or information has been filed, refuses to answer anyquestion or produce any item, the court shall remove the jury, if oneis present, and immediately conduct a hearing on the witness'srefusal. After such a hearing, the court shall decide whether thewitness is required to answer the question or produce the item.
(b) If the prosecuting attorney has reason to believe that a witnesswill refuse to answer a question or produce an item during anycriminal trial, the prosecuting attorney may submit the question orrequest to the trial court. The court shall hold a hearing to determineif the witness may refuse to answer the question or produce the item.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-3-2
Self-incrimination; request for use immunity
Sec. 2. If the court determines that the witness, based upon hisprivilege against self-incrimination, may properly refuse to answera question or produce an item, the prosecuting attorney may make awritten request that the court grant use immunity to the witness, inaccordance with section 3 of this chapter.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-3-3
Grant of use immunity; instruction of witness; contempt; perjury
Sec. 3. (a) Upon request of the prosecuting attorney, the courtshall grant use immunity to a witness. The court shall instruct thewitness, by written order or in open court, that any evidence thewitness gives, or evidence derived from that evidence, may not beused in any criminal proceeding against that witness, unless theevidence is volunteered by the witness or is not responsive to aquestion by the prosecuting attorney. The court shall instruct thewitness that he must answer the questions asked and produce theitems requested.
(b) A grant of use immunity does not prohibit the use of evidencethe witness has given in a prosecution for perjury underIC 35-44-2-1.
(c) If a witness refuses to give the evidence after he has beengranted use immunity, the court may find him in contempt.
As added by Acts 1981, P.L.298, SEC.6.