Sec. 8. (a) Upon request by the prosecuting attorney, the court shall grant use immunity to a witness before the grand jury. The court shall instruct the witness by written order or in open court that any evidence the witness gives before the grand jury, or evidence derived from that evidence, may not be used in any criminal prosecution against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the grand jury or the prosecutor. The court shall then instruct the witness that the witness must answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence the witness gives in a prosecution for perjury under IC 35-44.1-2-1.
(c) If a witness refuses to give evidence after the witness has been granted use immunity, the witness shall be brought before the court and the court shall proceed as if the witness had refused in open court.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.126-2012, SEC.48.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 34. Bringing Criminal Charges
Chapter 2. Grand Jury and Special Grand Jury
35-34-2-2. Number; Impaneling; Scope of Function and Authority; Convening
35-34-2-4. Conduct of Proceedings
35-34-2-5. Subpoenas; Contents; Failure to Obey; Contempt
35-34-2-5.5. Target Witnesses; Right to Counsel; Removal of Attorney
35-34-2-6. Motion to Quash Subpoena Duces Tecum; Use Immunity
35-34-2-7. Witnesses; Refusal to Answer; Compelling Testimony
35-34-2-8. Witnesses; Use Immunity
35-34-2-10. Unauthorized Disclosure of Grand Jury Information; Offense; Production of Transcript
35-34-2-11. Access to Local Government Facilities for Care or Custody of Persons
35-34-2-13. Extension of Term; Limitation