19-1122. SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated thereby, and if a prosecuting attorney requests the court to order that person to testify or provide the evidence, the court shall then hold a hearing and shall so order unless it finds that to do so would be clearly contrary to the public interest, and that person shall comply with the order.
If, but for this section, he would have been privileged to withhold the answer given or the evidence produced by him, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but none of the testimony nor evidence presented by the witness relative to the issue under investigation before the special inquiry judge, nor any information directly or indirectly derived from his testimony, can be used against him in any further criminal proceeding. He may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or for offering false evidence to the special inquiry judge.
History:
[19-1122, added 1980, ch. 251, sec. 7, p. 663.]
Structure Idaho Code
Chapter 11 - POWERS AND DUTIES OF GRAND JURY
Section 19-1101 - POWERS AND DUTIES IN GENERAL.
Section 19-1102 - PRESENTMENT DEFINED.
Section 19-1103 - INDICTMENT DEFINED.
Section 19-1104 - FOREMAN MAY ADMINISTER OATHS.
Section 19-1105 - EVIDENCE RECEIVABLE BY GRAND JURY.
Section 19-1106 - EVIDENCE FOR DEFENDANT.
Section 19-1107 - SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT.
Section 19-1108 - DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE.
Section 19-1110 - ACCESS TO PRISONS AND PUBLIC RECORDS.
Section 19-1111 - WHO MAY BE PRESENT AT SESSIONS OF JURY.
Section 19-1112 - PROCEEDINGS TO BE SECRET.
Section 19-1113 - JUROR NOT TO BE QUESTIONED.
Section 19-1116 - SPECIAL INQUIRY JUDGE.
Section 19-1117 - SPECIAL INQUIRY JUDGE — PETITION FOR ORDER.
Section 19-1118 - SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS.
Section 19-1120 - WITNESSES — ATTENDANCE.
Section 19-1121 - SELF-INCRIMINATION — RIGHT TO COUNSEL.
Section 19-1122 - SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
Section 19-1123 - SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.