198.177. Compelling of testimony--grant of immunity, when.
Compelling of testimony--grant of immunity, when.
198.177. 1. In any investigation or proceeding undersections 198.139 to 198.186 in which any person has been or maybe called to testify, produce evidence or provide otherinformation by means of a subpoena or before a court or grandjury, if the person refuses to answer any question or produceevidence or material of any kind on the ground that he may beincriminated thereby, the director of the fraud investigationdivision may, in writing, request the circuit court of the countyin which the proceeding is held to order the person to answer thequestion or produce the evidence. Upon receipt of the request,the court shall hold a hearing on said written request afterwritten notice to the person specifying the nature of the requestand the time and place of the hearing, and advising the person ofhis right to be present and his right to counsel at such hearing.At the hearing the director of the fraud investigation divisionand the person may participate. The burden of proof is on thedirector of the division to demonstrate to the court (1) thenecessity for and (2) the reasonableness of the request to orderthe person to answer the question or produce the evidence orboth. If the court is satisfied that such burden has been met,it may issue an order requiring the person to answer thequestions or produce the evidence, or both, which he refuses togive or produce on the basis of his privilege againstself-incrimination. If the court believes such burden has notbeen met, it shall dismiss the request. When the order iscommunicated to the person, the person may not refuse to complywith the order on the basis of his privilege againstself-incrimination. After complying with the order and givingthe testimony or producing the evidence, no testimony or otherevidence or information obtained or any information directly orindirectly derived from the testimony or evidence may be usedagainst the person in any proceeding or prosecution for anyoffense concerning which he gave answer or produced evidenceunder court order, except a prosecution for perjury, falseswearing or contempt committed in answering or failing to answer,or in the producing or failing to produce evidence in accordancewith the order.
2. If any person refuses to testify after being grantedimmunity from prosecution under sections 198.139 to 198.186 andafter being ordered to testify or produce evidence, the court mayfind the person in contempt.
(L. 1979 S.B. 328, et al. § 57)Effective 7-1-79