(1) No witness under oath before either or both bodies of the Legislative Assembly or their Committees may refuse to testify or present any document or information required of him/her by invoking his/her privilege against self-incrimination. But no testimony or information obtained when the witness compelled to do so testifies, nor any other evidence obtained directly or indirectly after such testimony or information, may be used against the witness in any criminal proceeding against him/her, except in a process for perjury due to false testimony given when being compelled to testify. If after the testimony thus given a criminal action is filed against the witness, the public prosecutor must establish beyond a reasonable doubt that neither the knowledge of the crime, nor the evidence for the prosecution was obtained, directly or indirectly, through the testimony or information supplied by the witness so compelled.
(2) The witness who refuses to testify, answer any question or present the document or the information required, shall incur civil contempt and the crime of contempt, regardless of the provisions of subsection (1) of this section. During the contempt proceedings, the immunity granted the witness under subsection (1) of this section shall be sufficient evidence against any defense under the privilege against self-incrimination.
(3) Whenever the witness insists in not testifying, answering or presenting the evidence required, the provisions of subsection (1) of this section notwithstanding, the corresponding body or both bodies in the case of a joint session, committee or subcommittee of both bodies, may approve a resolution granting the witness transactional, civil or administrative immunity or all of the aforesaid, as long as it is by the majority vote of the members of the corresponding body or of both bodies in case of joint investigations. The resolution may also authorize the President of the corresponding Body to request disciplinary immunity from the Supreme Court for the witness, if he/she is an attorney duly admitted to the practice of the profession by the Supreme Court. In the case of other professions duly regulated by law, the President of the corresponding body shall go before the corresponding entity.
If the witness obtains transactional, civil or administrative immunity under this proceeding, every process already initiated shall be terminated and no process whatsoever shall be initiated that is affected by the immunity.
History —Dec. 8, 1990, No. 27, p. 1520, § 7.