SENATE BILL NO. 468 March 24, 1999, Introduced by Senators ROGERS, JOHNSON and HAMMERSTROM and referred to the Committee on Judiciary. A bill to amend 1968 PA 289, entitled "An act to authorize circuit court judges to grant immunity to witnesses upon application of the prosecuting attorneys; to pre- scribe the procedures therefor; and to prescribe penalties for refusal to testify and for giving false testimony," by amending the title and sections 1, 2, and 3 (MCL 780.701, 780.702, and 780.703) and by adding section 2a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to authorizecircuit courtCERTAIN judges to grant 3 immunity to witnesses upon application oftheprosecuting 4 attorneys; TO PERMIT GRANTS OF IMMUNITY TO WITNESSES ISSUED SUB- 5 POENAS OR COMPELLED TO TESTIFY OR PRODUCE EVIDENCE IN CERTAIN 6 INVESTIGATIONS AND PROCEEDINGS BY PUBLIC OFFICIALS OR AGENCIES; 7 to prescribe the procedures therefor; and to prescribe penalties 8 for refusal to testify and for giving false testimony. 01265'99 JOJ 2 1 Sec. 1. (1)In any case of a felony or a circuit court2misdemeanor theTHE prosecuting attorney may applyat the pre-3liminary examination to the circuit court for the county in which4the offense was committed or at the trial to the trial judgeTO 5 THE FOLLOWING, AS APPLICABLE, for an order granting immunity to 6 any personwithin the state,designated by name and address in 7 the application,who might give testimony concerning the vio- 8 lation charged in the complaint and warrant.OR ALLEGED IN THE 9 PETITION: 10 (A) THE EXAMINING MAGISTRATE AT A PRELIMINARY EXAMINATION. 11 (B) THE TRIAL JUDGE AT A TRIAL FOR A FELONY OR MISDEMEANOR. 12 (C) THE JUDGE AT AN ADJUDICATION FOR A JUVENILE ALLEGED TO 13 BE WITHIN THE COURT'S JURISDICTION UNDER SECTION 2(A)(i) OF CHAP- 14 TER XIIA OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.2, OR 15 A PROBABLE CAUSE HEARING OR TRIAL IN A CASE DESIGNATED AS A CASE 16 IN WHICH THE JUVENILE IS TO BE TRIED IN THE SAME MANNER AS AN 17 ADULT UNDER SECTION 2D OF CHAPTER XIIA OF THE PROBATE CODE OF 18 1939, 1939 PA 288, MCL 712A.2D. 19 (2) The application shall be accompanied byaTHE PROSE- 20 CUTING ATTORNEY'S verifiedpetition of the prosecuting attorney21 STATEMENT setting forth the facts upon which the application is 22 based. 23 (3) If the judgeto whom the application is presented is24satisfiedDETERMINES that it is in the interest of justice that 25suchimmunity be granted,heTHE JUDGE shall enter an order 26 granting immunity to the witness if the witness appears before 27anyTHE court ina criminalTHE proceeding and testifies 01265'99 3 1 under oath concerning any matter or thing of which the witness 2has knowledgeKNOWS concerning matters charged in the complaint 3 and warrant OR ALLEGED IN THE PETITION, as set forth in the 4petition of the prosecuting attorneyPROSECUTING ATTORNEY'S 5 APPLICATION. 6 Sec. 2. (1) A true copy of the order granting immunity 7 shall be delivered to the witness before he OR SHE answerssuch8 ANY questionsas are thereafter put to himSUBSEQUENTLY ASKED 9 at thepreliminary examination or trialPROCEEDING. The order 10 granting immunityshall extend to all related questions which11may thereafter be put to the witnessAPPLIES until the judge 12advisesINFORMS the witness that the immunity no longer 13 applies. 14 (2) Allsuchquestions OF THE WITNESS and HIS OR HER 15 answerstheretoshall bereduced to writing underTRANSCRIBED 16 AT the JUDGE'S direction.of the judge.A true AND CERTIFIED 17 copy of the transcript, duly certified by an officer authorized18to administer oaths,shall be delivered to the witness as soon 19 as practicablethereafterAFTER TRANSCRIPTION.No person20required to answer such questions shall thereafter be prosecuted21for any offense concerning which such answers may have tended to22incriminate him.23 (3) TESTIMONY OR OTHER INFORMATION COMPELLED UNDER THE ORDER 24 GRANTING IMMUNITY AND ANY INFORMATION DERIVED DIRECTLY OR INDI- 25 RECTLY FROM THAT TESTIMONY OR OTHER INFORMATION SHALL NOT BE USED 26 AGAINST THE WITNESS IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT 01265'99 4 1 PURPOSES OR IN A PROSECUTION FOR PERJURY OR OTHERWISE FAILING TO 2 COMPLY WITH THE ORDER. 3 SEC. 2A. (1) A PUBLIC OFFICIAL OR AGENCY AUTHORIZED BY A 4 STATUTE OF THIS STATE TO ISSUE A SUBPOENA OR OTHERWISE COMPEL THE 5 TESTIMONY OF A WITNESS OR THE PRODUCTION OF EVIDENCE IN AN INVES- 6 TIGATION OR PROCEEDING AUTHORIZED BY THAT STATUTE, OR AUTHORIZED 7 TO SEEK A SUBPOENA OR COMPELLED TESTIMONY OR PRODUCTION OF EVI- 8 DENCE FROM A COURT, MAY APPLY TO THE COURT REQUIRED TO ISSUE THE 9 SUBPOENA OR COMPEL THE TESTIMONY OR PRODUCTION OF EVIDENCE OR 10 OTHERWISE TO THE CIRCUIT COURT OF THE COUNTY IN WHICH THE INVES- 11 TIGATION OR PROCEEDING IS CONDUCTED FOR AN ORDER GRANTING IMMU- 12 NITY TO A PERSON WHO MIGHT GIVE TESTIMONY OR PRODUCE EVIDENCE 13 CONCERNING THE INVESTIGATION OR SUBJECT OF THE PROCEEDING. 14 (2) THE APPLICATION SHALL DESIGNATE THE PERSON BY NAME AND 15 ADDRESS. THE PUBLIC OFFICIAL OR AGENCY SHALL INCLUDE A VERIFIED 16 STATEMENT SETTING FORTH THE FACTS UPON WHICH THE APPLICATION IS 17 BASED. 18 (3) IF THE COURT DETERMINES THAT IT IS IN THE INTERESTS OF 19 JUSTICE TO GRANT IMMUNITY, THE COURT SHALL ENTER AN ORDER GRANT- 20 ING IMMUNITY TO THE WITNESS IF THE WITNESS TESTIFIES OR PRODUCES 21 EVIDENCE IN THE INVESTIGATION OR PROCEEDING CONCERNING THE INVES- 22 TIGATION OR SUBJECT OF THE PROCEEDING. 23 (4) A TRUE COPY OF THE ORDER GRANTING IMMUNITY SHALL BE 24 DELIVERED TO THE WITNESS BEFORE HE OR SHE ANSWERS ANY QUESTIONS 25 SUBSEQUENTLY ASKED AT THE INVESTIGATION OR PROCEEDING OR IS 26 REQUIRED TO PRODUCE ANY EVIDENCE. THE ORDER GRANTING IMMUNITY 01265'99 5 1 APPLIES UNTIL THE COURT INFORMS THE WITNESS THAT THE IMMUNITY NO 2 LONGER APPLIES. 3 (5) ALL QUESTIONS OF THE WITNESS AND HIS OR HER ANSWERS 4 SHALL BE TRANSCRIBED. A TRUE AND CERTIFIED COPY OF THE TRAN- 5 SCRIPT SHALL BE DELIVERED TO THE WITNESS AS SOON AS PRACTICABLE 6 AFTER TRANSCRIPTION. 7 (6) TESTIMONY, EVIDENCE, OR OTHER INFORMATION COMPELLED 8 UNDER THE ORDER GRANTING IMMUNITY AND ANY INFORMATION DERIVED 9 DIRECTLY OR INDIRECTLY FROM THAT TESTIMONY, EVIDENCE, OR OTHER 10 INFORMATION SHALL NOT BE USED AGAINST THE WITNESS IN A CRIMINAL 11 CASE, EXCEPT FOR IMPEACHMENT PURPOSES OR IN A PROSECUTION FOR 12 PERJURY OR OTHERWISE FAILING TO COMPLY WITH THE ORDER. 13 (7) IF A STATUTE DESCRIBED IN SUBSECTION (1) GRANTS OR PER- 14 MITS IMMUNITY TO A WITNESS COMPELLED TO TESTIFY OR PRODUCE EVI- 15 DENCE THAT IS DIFFERENT IN NATURE FROM THE IMMUNITY AUTHORIZED 16 UNDER THIS SECTION, THE PUBLIC OFFICIAL OR AGENCY MAY APPLY FOR 17 AN ORDER GRANTING IMMUNITY UNDER THIS SECTION AS AN ALTERNATIVE 18 TO THE IMMUNITY GRANTED OR PERMITTED UNDER THAT STATUTE. 19 Sec. 3. A witness who fails or refuses to testify at a 20preliminary examination or trialPROCEEDING DESCRIBED IN THIS 21 ACT after service of a true copy of the order granting THE 22 WITNESS immunityupon himis guilty of contempt. 01265'99 Final page. JOJ