Senate Introduced Bill 469























SENATE BILL NO. 469


   March 24, 1999, Introduced by Senators ROGERS, JOHNSON and
        HAMMERSTROM and referred to the Committee on Judiciary.



        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending sections 6 and 19b of chapter VII (MCL 767.6 and

   767.19b).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               CHAPTER VII

 2         Sec. 6.  (1)  No  UPON INQUIRY, A witness
             shall  upon such

 3     inquiry  NOT be required to answer any questions
                        ,  or  shall 

 4    be convicted for contempt upon refusal to do so  , when
              IF the

 5    answers might tend to incriminate him OR HER.  A written
             order

 6     granting to such witness immunity from such incrimination
                       may be

 7     entered by said judge pursuant to a 

 8         (2) UPON written motion by the prosecuting attorney or

 9     other  A duly authorized representative of the
             state in  such  A

10    proceeding  , which  DESCRIBED IN SECTION 3 OF THIS
             CHAPTER, THE


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 1    JUDGE MAY ENTER A WRITTEN ORDER GRANTING IMMUNITY TO THE

 2    WITNESS.  THE order shall set forth verbatim the questions 
             which

 3     such  THE witness refused to answer.  A true copy
                       of  such  THE

 4    motion and order shall be delivered to  such  THE
             witness before

 5    he  shall answer such  OR SHE ANSWERS THE questions
             IN THE

 6    INQUIRY.  The order granting immunity  so made 
             shall

 7     thereafter  extend to all related questions which
             may

 8     thereafter be put to such  BE ASKED OF THE witness
             AFTER ENTRY

 9    OF THE ORDER until  such  THE judge advises the
             witness that

10     said  THE immunity no longer applies.

11         (3) TESTIMONY COMPELLED UNDER THE ORDER GRANTING IMMUNITY

12    AND ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM THAT TES-

13    TIMONY SHALL NOT BE USED AGAINST THE WITNESS IN A CRIMINAL CASE,

14    EXCEPT FOR IMPEACHMENT PURPOSES OR IN A PROSECUTION FOR PERJURY

15    OR OTHERWISE FAILING TO COMPLY WITH THE ORDER.

16         (4) All  such  questions and the WITNESS'S
             answers  thereto 

17    shall be  reduced to writing  TRANSCRIBED under the
             JUDGE'S

18    direction.  of such judge and a  A true copy of
              such  THE tran-

19    script, duly certified by  such  THE judge, shall
             be delivered to

20     such  THE witness as soon as practicable. 
             thereafter. 

21         (5) The provisions for secrecy provided for in section 3

22     hereof shall  OF THIS CHAPTER apply to all copies
             of  such  THE

23    motion, order, and transcript  so  delivered to
              such  THE

24    witness.  except that  HOWEVER, the witness may
              be privileged

25     to  disclose  the same  THAT
                       INFORMATION to his OR HER attorney

26    if  such witness should thereafter be prosecuted for any
             offense

27     directly or indirectly growing out of any testimony given by
                       him



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                                   3

 1    in such inquiry.  No person required to answer such
             questions

 2     shall thereafter be prosecuted for any offense concerning
                       which

 3     such answers may have tended to incriminate him.  No such
                        HIS OR

 4    HER TESTIMONY OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY

 5    FROM THAT TESTIMONY IS USED AGAINST THE WITNESS IN VIOLATION OF

 6    SUBSECTION (3).

 7         (6) AN order granting immunity  shall  DOES
             NOT extend

 8    beyond the scope of  such  AN inquiry  ,
             nor shall it extend 

 9    DESCRIBED IN THIS SECTION OR beyond the particular questions set

10    forth in  any such  THE motion, order, or
             transcript.

11         Sec. 19b.  (1) A true copy of the order granting immunity

12    shall be delivered to the witness before he OR SHE answers 
             such 

13    ANY questions before the grand jury.  The order granting
             immu-

14     nity shall extend to all related questions which may
                       thereafter

15     be put to the witness and he shall not be prosecuted for any

16     offense which is discovered as a result of any answers to a
                       ques-

17     tion put to him irrespective of the degree of knowledge
                       provided

18     to the questioning authority. 

19         (2) TESTIMONY OR OTHER INFORMATION COMPELLED UNDER THE ORDER

20    GRANTING IMMUNITY AND ANY INFORMATION DERIVED DIRECTLY OR INDI-

21    RECTLY FROM THAT TESTIMONY OR OTHER INFORMATION SHALL NOT BE USED

22    AGAINST THE WITNESS IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT

23    PURPOSES OR IN A PROSECUTION FOR PERJURY OR OTHERWISE FAILING TO

24    COMPLY WITH THE ORDER.

25         (3) All  such  questions ASKED OF THE WITNESS
             and HIS OR HER

26    answers  thereto  shall be  reduced to
             writing.  No person

27     required to answer such questions shall thereafter be
                       prosecuted



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                                   4

 1    for any offense concerning which such answers may have
             tended to

 2     incriminate him  TRANSCRIBED.  If a witness who has
                       been granted

 3    immunity  is thereafter  SUBSEQUENTLY ALLEGES THAT
             HE OR SHE IS

 4    BEING prosecuted for an offense  which he alleges was
             subject to 

 5    IN VIOLATION OF the grant of immunity,  then  a
             true copy OF THE

 6    TRANSCRIPT, duly certified by an officer authorized to administer

 7    oaths,  of the transcript of the questions put to, and the

 8     answers of, such witness  shall be delivered to the
                       witness as

 9    soon as practicable.

10         (4)  (2)  The order granting immunity shall
             continue in

11    effect until  such time as  the judge who summoned
             the jury or

12    his OR HER successor, in his OR HER discretion and upon the

13    PROSECUTING ATTORNEY'S application,  of the prosecuting

14     attorney,  enters an order terminating the order
                       granting immu-

15    nity  as to questions which may thereafter be put to the
             witness 

16    and  advises  INFORMS the witness of  such
              THE order of

17    termination.























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