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2.1017 Immunity in legislative investigation

Cite as [A.S.C.A. § 2.1017 ]

(a) When a witness refuses to testify or provide requested information of any form or description, on the basis of the privilege against self incrimination, before an investigating committee of either or both houses of the Legislature the witness may be

compelled to testify or provide other information only upon the issuance of an order under this section.

(b) In the case of an individual who refuses to testify or provide information on the basis of the privilege against self-incrimination, an investigating committee may, upon request of a committee member, issue an order compelling such individuals to testify and provide information, such order becoming effective upon personal service on the witness at a hearing of the investigating committee.

(c) Before issuing such an order, the issuing body shall make findings that the request for such an order has been approved by a majority vote of all the members of the investigating committee requesting the order except that in the case of a committee of a whole House or both Houses, approval is required by a majority of all members present at a meeting called for the purpose of deciding on the request.

(d) Once an order is properly issued and served on a witness at a hearing, the witness may not refuse to testify or provide information on the basis of the privilege against self incrimination, but no testimony or other information compelled under the order, nor evidence derived from such testimony or information, may be used against the witness in any criminal case, except for prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

History: 1988, PL 20-78.

Case Notes:

Committee’s failure to comply with a statute requiring it to adopt rules and to serve a copy of these rules on person served with subpoena justified the refusal of a person served with subpoena to testify. A.S.C.A. §§ 2.1006, 2.1011, 2.1018. Senate Select Investigating Committee v. Horning, 3 A.S.R.2d 14 (1986).