State Codes and Statutes

Statutes > Rhode-island > Title-8 > Chapter-8-16 > 8-16-4-3

SECTION 8-16-4.3

   § 8-16-4.3  Compelling evidence incommission proceedings – Immunity. – Whenever a witness refuses, on the basis of his or her privilege againstself-incrimination, to answer a question or to produce other evidence of anykind during a preliminary investigation or at a deposition or at a publichearing, the chairperson may, upon a majority vote of a quorum of thecommission, submit a written request to the presiding justice of the superiorcourt to order the witness to answer the question or produce the evidence;provided, however, that if the presiding justice is the subject of thecommission proceeding in question, then the request shall be made to the seniorassociate justice of the superior court. The court, in its discretion, afternotice to the witness, may order the witness to answer the question or producethe evidence. The witness may not refuse to comply with the order on the basisof his or her privilege against self-incrimination, but the witness shall notbe prosecuted or subjected to penalty or forfeiture for, or on account of, anytransaction or matter regarding which, in accordance with the order, he or shegave answer or produced evidence; and no testimony or other evidence compelledunder the order, or any information directly or indirectly derived from thetestimony or other evidence, shall be used against the witness in any criminalcase, except he or she may be prosecuted or subjected to penalty or forfeiturefor any perjury, false swearing, or contempt committed in answering or failingto answer, or in producing or failing to produce evidence, in accordance withthe order. If a request for an order pursuant to this section relates to therefusal of a witness at a public hearing to answer a question or to produceevidence, then the papers filed with and proceedings before the court shall beopen to the public; otherwise, such papers and proceedings shall beconfidential. No order entered pursuant to this section shall operate tovacate, modify, or otherwise prevent the enforcement of any conviction,judgment, or sentence entered by any court against the witness prior to thegrant of immunity, unless the order entered pursuant to this section expresslyso provides.

State Codes and Statutes

Statutes > Rhode-island > Title-8 > Chapter-8-16 > 8-16-4-3

SECTION 8-16-4.3

   § 8-16-4.3  Compelling evidence incommission proceedings – Immunity. – Whenever a witness refuses, on the basis of his or her privilege againstself-incrimination, to answer a question or to produce other evidence of anykind during a preliminary investigation or at a deposition or at a publichearing, the chairperson may, upon a majority vote of a quorum of thecommission, submit a written request to the presiding justice of the superiorcourt to order the witness to answer the question or produce the evidence;provided, however, that if the presiding justice is the subject of thecommission proceeding in question, then the request shall be made to the seniorassociate justice of the superior court. The court, in its discretion, afternotice to the witness, may order the witness to answer the question or producethe evidence. The witness may not refuse to comply with the order on the basisof his or her privilege against self-incrimination, but the witness shall notbe prosecuted or subjected to penalty or forfeiture for, or on account of, anytransaction or matter regarding which, in accordance with the order, he or shegave answer or produced evidence; and no testimony or other evidence compelledunder the order, or any information directly or indirectly derived from thetestimony or other evidence, shall be used against the witness in any criminalcase, except he or she may be prosecuted or subjected to penalty or forfeiturefor any perjury, false swearing, or contempt committed in answering or failingto answer, or in producing or failing to produce evidence, in accordance withthe order. If a request for an order pursuant to this section relates to therefusal of a witness at a public hearing to answer a question or to produceevidence, then the papers filed with and proceedings before the court shall beopen to the public; otherwise, such papers and proceedings shall beconfidential. No order entered pursuant to this section shall operate tovacate, modify, or otherwise prevent the enforcement of any conviction,judgment, or sentence entered by any court against the witness prior to thegrant of immunity, unless the order entered pursuant to this section expresslyso provides.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-8 > Chapter-8-16 > 8-16-4-3

SECTION 8-16-4.3

   § 8-16-4.3  Compelling evidence incommission proceedings – Immunity. – Whenever a witness refuses, on the basis of his or her privilege againstself-incrimination, to answer a question or to produce other evidence of anykind during a preliminary investigation or at a deposition or at a publichearing, the chairperson may, upon a majority vote of a quorum of thecommission, submit a written request to the presiding justice of the superiorcourt to order the witness to answer the question or produce the evidence;provided, however, that if the presiding justice is the subject of thecommission proceeding in question, then the request shall be made to the seniorassociate justice of the superior court. The court, in its discretion, afternotice to the witness, may order the witness to answer the question or producethe evidence. The witness may not refuse to comply with the order on the basisof his or her privilege against self-incrimination, but the witness shall notbe prosecuted or subjected to penalty or forfeiture for, or on account of, anytransaction or matter regarding which, in accordance with the order, he or shegave answer or produced evidence; and no testimony or other evidence compelledunder the order, or any information directly or indirectly derived from thetestimony or other evidence, shall be used against the witness in any criminalcase, except he or she may be prosecuted or subjected to penalty or forfeiturefor any perjury, false swearing, or contempt committed in answering or failingto answer, or in producing or failing to produce evidence, in accordance withthe order. If a request for an order pursuant to this section relates to therefusal of a witness at a public hearing to answer a question or to produceevidence, then the papers filed with and proceedings before the court shall beopen to the public; otherwise, such papers and proceedings shall beconfidential. No order entered pursuant to this section shall operate tovacate, modify, or otherwise prevent the enforcement of any conviction,judgment, or sentence entered by any court against the witness prior to thegrant of immunity, unless the order entered pursuant to this section expresslyso provides.