77-22b-1. Immunity granted to witness.
(1) (a) A witness who refuses, or is likely to refuse, on the basis of his privilege against
self-incrimination to testify or provide evidence or information in a criminal investigation,
including a grand jury investigation or prosecution of a criminal case, or in aid of an investigation
or inquiry being conducted by a government agency or commission, or by either house of the
Legislature, a joint committee of the two houses, or a committee or subcommittee of either house
may be compelled to testify or provide evidence or information by any of the following, after
being granted use immunity with regards to the compelled testimony or production of evidence or
information:
(i) the attorney general or any assistant attorney general authorized by the attorney
general;
(ii) a district attorney or any deputy district attorney authorized by a district attorney;
(iii) in a county not within a prosecution district, a county attorney or any deputy county
attorney authorized by a county attorney;
(iv) a special counsel for the grand jury;
(v) a prosecutor pro tempore appointed under the Utah Constitution, Article VIII, Sec.
16; or
(vi) legislative general counsel in the case of testimony pursuant to subpoena before the
Legislature or any committee of the Legislature having subpoena powers.
(b) If any prosecutor authorized under Subsection (1)(a) intends to compel a witness to
testify or provide evidence or information under a grant of use immunity, the prosecutor shall
notify the witness by written notice. The notice shall include the information contained in
Subsection (2) and advise the witness that he may not refuse to testify or provide evidence or
information on the basis of his privilege against self-incrimination. The notice need not be in
writing when the grant of use immunity occurs on the record in the course of a preliminary
hearing, grand jury proceeding, or trial.
(2) Testimony, evidence, or information compelled under Subsection (1) may not be used
against the witness in any criminal or quasi-criminal case, nor any information directly or
indirectly derived from this testimony, evidence, or information, unless the testimony, evidence,
or information is volunteered by the witness or is otherwise not responsive to a question.
Immunity does not extend to prosecution or punishment for perjury or to giving a false statement
in connection with any testimony.
(3) If a witness is granted immunity under Subsection (1), and is later prosecuted for an
offense that was part of the transaction or events about which the witness was compelled to testify
or produce evidence or information under a grant of immunity, the burden is on the prosecution to
show by a preponderance of the evidence that no use or derivative use was made of the
compelled testimony, evidence, or information in the subsequent case against the witness, and to
show that any proffered evidence was derived from sources totally independent of the compelled
testimony, evidence, or information. The remedy for not establishing that any proffered evidence
was derived from sources totally independent of the compelled testimony, evidence, or
information is suppression of that evidence only.
(4) Nothing in this section prohibits or limits prosecutorial authority granted in Section
77-22-4.5.
(5) A county attorney within a prosecution district shall have the authority to grant
immunity only as provided in Section 17-18-1.5.
(6) For purposes of this section, "quasi-criminal" means only those proceedings that are
determined by a court to be so far criminal in their nature that a defendant has a constitutional
right to not incriminate himself.
Enacted by Chapter 296, 1997 General Session
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Last revised: Thursday, May 28, 2009