TITLE 22
General Assembly
CHAPTER 22-6
Committees and Staff
SECTION 22-6-2.2
§ 22-6-2.2 Immunity of witnesses in
impeachment proceedings.
(a) In the case of any individual who has been or may be called to testify or
provide other information at any proceeding in connection with any resolution
of impeachment or impeachment trial before either house of the general
assembly, or any committee, or any subcommittee of either house, the presiding
justice of the superior court shall issue, in accordance with subsections (b)
and (c) of this section, upon the request of a duly authorized representative
of the house of the general assembly or the committee concerned, an order
requiring that individual to give testimony or provide other information which
he or she refuses to give or provide on the basis of the privilege against
self-incrimination.
(b) Before issuing an order under subsection (a) of this
section, the presiding justice shall find that:
(1) In the case of a proceeding before either house of the
general assembly, the request for the order has been approved by an affirmative
vote of a majority of the members present of that house;
(2) In the case of a proceeding before a committee or a
subcommittee of either house of the general assembly, the request for the order
has been approved by an affirmative vote of two-thirds ( 2/3) of the members of
the full committee and obtained the written approval of the speaker, for
committees of the house, or written approval of the president of the senate,
for committees of the senate; and
(3) Five (5) days or more prior to the day on which the
request for the order was made, the attorney general was served with notice of
an intention to request the order.
(c) The presiding justice, after notice to the witness, shall
order the witness to answer all questions put to him or her or produce the
evidence. The witness may not refuse to comply with the order on the basis of
his or her privilege against self-incrimination; but the witness shall not be
prosecuted or subjected to penalty or forfeiture for, or on account of, any
transaction or matter regarding which, in accordance with the order, the
witness gave answer or produced evidence and no testimony or other information
compelled under the order or any information directly or indirectly derived
from the testimony or other information shall be used against the witness in
any criminal case, except he or she may be prosecuted or subjected to penalty
or forfeiture for any perjury, false swearing, or contempt committed in
answering or failing to answer, or in producing or failing to produce evidence,
in accordance with the order.
History of Section.
(P.L. 1986, ch. 8, § 1; P.L. 2001, ch. 180, § 23.)
