State Codes and Statutes

Statutes > New-jersey > Title-52 > Section-52-9m > 52-9m-17

52:9M-17.  Grant of immunity to criminal prosecution or penalty; contempt; incarceration
    a.  If, in the course of any investigation or hearing conducted by the commission pursuant to this act, a person refuses to answer a question or questions or produce evidence of any kind on the ground that he will be exposed  to criminal prosecution or penalty or to a forfeiture of his estate thereby,  the commission may order the person to answer the question or questions or  produce the requested evidence and confer immunity as in this section provided.   No order to answer or produce evidence with immunity shall be made except by  majority vote and after the Attorney General, the United States Attorney for  New Jersey and the appropriate county prosecutor shall have been given at least  seven days written notice of the commission's intention to issue such order and  afforded an opportunity to be heard in respect to any objections they or either  of them may have to the granting of immunity.

    b.  If upon issuance of such an order, the person complies therewith, he shall be immune from having such responsive answer given by him or such responsive evidence produced by him, or evidence derived therefrom used to expose him to criminal prosecution or penalty or to a forfeiture of his estate,  except that such person may nevertheless be prosecuted for any perjury  committed in such answer or in producing such evidence, or be prosecuted for  willful refusal to give an answer or produce evidence in accordance with an  order of the commission pursuant to section 13, or held in contempt for failing  to give an answer or produce evidence in accordance with the order of the  commission pursuant to section 11;  and any such answer given or evidence  produced shall be admissible against him upon any criminal investigation,  proceeding or trial against him for such perjury, or upon any investigation,  proceeding or trial against him for such contempt or willful refusal to give an  answer or produce evidence in accordance with an order of the commission.

    c.  If the commission proceeds against any witness for contempt of court for  refusal to answer, subsequent to a grant of immunity, said witness may be incarcerated at the discretion of the Superior Court;  provided, however, that (1) no incarceration for civil contempt shall exceed a period of five years of actual incarceration exclusive of releases for whatever reason;  (2) the commission may seek the release of a witness for good cause on appropriate motion to the Superior Court;  and (3) nothing contained herein shall be deemed  to limit any of the vested constitutional rights of any witness before the  commission.

     L.1968, c. 266, s. 17, eff. Sept. 4, 1968.  Amended by L.1979, c. 254, s. 12,  eff. Dec. 21, 1979;  L.1984, c. 110, s. 3, eff. Aug. 3, 1984.