NYS CPL Law
Criminal Procedure Law
New York State Consolidated Laws
Article 50 - NY Criminal Procedure Law
COMPULSION OF EVIDENCE BY OFFER OF IMMUNITY
S 50.10 Compulsion of evidence by offer of immunity;definitions of terms.
The following definitions are applicable to this article:
1. "Immunity." A person who has been a witness in a legal
proceeding, and who cannot, except as otherwise provided in this
subdivision, be convicted of any offense or subjected to any penalty or
forfeiture for or on account of any transaction, matter or thing
concerning which he gave evidence therein, possesses "immunity" from any
such conviction, penalty or forfeiture. A person who possesses such
immunity may nevertheless be convicted of perjury as a result of having
given false testimony in such legal proceeding, and may be convicted of
or adjudged in contempt as a result of having contumaciously refused to
give evidence therein.
2. "Legal proceeding" means a proceeding in or before any court or
grand jury, or before any body, agency or person authorized by law to
conduct the same and to administer the oath or to cause it to be
3. "Give evidence" means to testify or produce physical evidence.
S 50.20 Compulsion of evidence by offer of immunity.
1. Any witness in a legal proceeding, other than a grand jury
proceeding, may refuse to give evidence requested of him on the ground
that it may tend to incriminate him and he may not, except as provided
in subdivision two, be compelled to give such evidence.
2. Such a witness may be compelled to give evidence in such a
proceeding notwithstanding an assertion of his privilege against
(a) The proceeding is one in which, by express provision of statute,
a person conducting or connected therewith is declared a competent
authority to confer immunity upon witnesses therein; and
(b) Such competent authority (i) orders such witness to give the
requested evidence notwithstanding his assertion of his privilege
against self-incrimination, and (ii) advises him that upon so doing he
will receive immunity.
3. A witness who is ordered to give evidence pursuant to subdivision
two and who complies with such order receives immunity. Such witness is
not deprived of such immunity because such competent authority did not
comply with statutory provisions requiring notice to a specified public
servant of intention to confer immunity.
4. A witness who, without asserting his privilege against
self-incrimination, gives evidence in a legal proceeding other than a
grand jury proceeding does not receive immunity.
5. The rules governing the circumstances in which witnesses may be
compelled to give evidence and in which they receive immunity therefor
in a grand jury proceeding are prescribed in section 190.40.
S 50.30 Authority to confer immunity in criminal proceedings; court a
In any criminal proceeding, other than a grand jury proceeding, the
court is a competent authority to confer immunity in accordance with the
provisions of section 50.20, but only when expressly requested by the
district attorney to do so.
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