2A:81-17.3 - Order compelling person to testify or produce evidence; immunity from use of such evidence;  contempt

2A:81-17.3.  Order compelling person to testify or produce evidence; immunity from use of such evidence;  contempt
    In any criminal proceeding before a court or grand jury, if a person refuses  to answer a question or produce evidence of any other kind on the ground that  he may be incriminated thereby and if the Attorney General or the county  prosecutor with the approval of the Attorney General, in writing, requests the  court to order that person to answer the question or produce the evidence, the  court shall so order and that person shall comply with the order.  After  complying and if but for this section, he would have been privileged to  withhold the answer given or the evidence produced by him, such testimony or  evidence, or any information directly or indirectly derived from such testimony  or evidence, may not be used against the person in any proceeding or  prosecution for a crime or offense concerning which he gave answer or produced  evidence under court order.  However, he may nevertheless 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.  If a person refuses to testify  after being granted immunity from prosecution and after being ordered to  testify as aforesaid, he may be adjudged in contempt and committed to the  county jail until such time as he purges himself of contempt by testifying as  ordered without regard to the expiration of the grand jury;  provided, however,  that if the grand jury before which he was ordered to testify has been  dissolved, he may then purge himself by testifying before the court.

     L.1968, c. 195, s. 1, eff. July 19, 1968.  Amended by L.1973, c. 112, s. 1, eff. May 7, 1973.