AN ACT TO AMEND CHAPTER 35, TITLE 11, DELAWARE CODE, RELATING TO GENERAL PROVISIONS CONCERNING WITNESSES AND EVIDENCE BY PROVIDING. FOR OBTAINING OF TESTIMONY UNDER COURT ORDER AND FOR WITNESS IMMUNITY.
Re it enacted by the General Assembly of the State of Delaware:
Section 1. Chapter 35, Title 11, Delaware Code, is amended by adding a new section at the end of subchapter I thereof, to read as follows :
§ 3508. Obtaining of testimony under court order; witness immunity
(a) In any criminal action or in any investigation carried on by. the Grand Jury, if a person refuses to answer any question or to produce evidence of any kind solely on the ground that he may, thereby be incriminated, the Superior Court, upon motion of the Attorney General, may order such person to answer the question or produce the evidence, after notice to the witness and a hearing. Provided, however, the Court shall not enter such order if the Court finds : (1) that such person may be subjected to criminal prosecution relating to the same transaction or occurrence under the laws of the United States or any other state and that any such evidence so compelled could be used against him in any such prosecution ; or (2) such order would otherwise be clearly contrary to the public interest. Such person, so ordered by the Court, shall comply with the Court order. After complying such person shall not be prosecuted or subjected to penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, in accordance with the order, he gave answer or produced evidence; provided that, but for this section, such person would have been privileged to withhold the answer given or the evidence produced by him. In no event, however, shall such person, acting pursuant to such order, be exempt from prosecution or penalty or forfeiture for any perjury, false statement, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence
in accordance with the order, and any testimony or evidence so given or produced shall not by virtue of this section be rendered inadmissible in evidence upon any Criminal action, investigation or proceeding concerning such perjury, false statement or contempt:
(b) No statement or other evidence obtained from any person who shall have been compelled to make% such, statement or produce such evidence by any Court of competent jurisdiction of. the United States or of any other state pursuant to a claim of privilege and Court order under a, statute, substantially equivalent to subsection (a) of this section shall be admissible in evidence: in any criminal prosecution in this State against such person arising out of the same transaction or occurrence.
Approved December 26, 1967.