33-1-316. Testimony compelled -- immunity from prosecution. (1) A person may not be excused from attending and testifying or producing any evidence in any examination or investigation conducted by or under authority of the commissioner on the ground that the person's testimony or the evidence required may tend to incriminate or subject the person to a penalty or forfeiture. However, testimony or evidence compelled following a claim of privilege against self-incrimination or any information directly or indirectly derived from compelled testimony or evidence may not be used against the person in a criminal prosecution.
(2) The commissioner may grant immunity from prosecution for or on account of any act, occurrence, transaction, matter, or other thing concerning which a person testifies if the commissioner determines that the ends of justice would be served by granting the additional immunity.
(3) Immunity does not extend to prosecution or punishment for false statements by the person that are contained in testimony or evidence given under this part.
History: En. Sec. 38. Ch. 286, L. 1959; R.C.M. 1947, 40-2719; amd. Sec. 1, Ch. 246, L. 1991; amd. Sec. 1, Ch. 451, L. 1993; amd. Sec. 18, Ch. 227, L. 2001.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 1. Administration and General Provisions
Part 3. Commissioner and Department General Powers and Duties
33-1-301. Insurance department -- control -- appropriations
33-1-303. Deputies and assistants -- employment, compensation, and termination
33-1-304. Delegation of authority -- responsibility
33-1-305. Conflicts of interest prohibited
33-1-306. Dual contracts permitted
33-1-307. through 33-1-310 reserved
33-1-311. General powers and duties
33-1-312. Records and certificates
33-1-315. Witnesses -- production of records -- subpoena -- failure to respond
33-1-316. Testimony compelled -- immunity from prosecution