§ 163-278.29. Compelling self-incriminating testimony; individual so testifying excused from prosecution.
Overview of Statute
Section prohibits an individual from being excused to testify or produce evidence upon the grounds that the testimony or evidence may tend to incriminate the individual, however, the individual shall not be prosecuted, subject to penalty, nor shall compelled testimony be used against them for the matter which they were compelled to testify or produce evidence.
No individual shall be excused from attending or testifying or producing any books, papers, or other documents before any court upon any proceeding or trial of another for the violation of any of the provisions of this Article, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, but such individual may be subpoenaed and required to testify by and for the State relative to any offense arising under the provisions of this Article; but such individual shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may be compelled to testify or produce evidence, documentary or otherwise, and no compelled testimony so given or produced shall be used against him upon any criminal proceeding, but such individual so compelled to testify with respect to any acts of his own shall be immune from prosecution on account thereof.
(1973, c. 1272, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
1. Definition for individual
The term “individual” means a single individual or more than one individual.
2. Definition for State
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.