§ 1664. Immunity of witnesses
(a) Whenever a witness refuses, on the basis of his or her privilege against self-incrimination,
to testify or provide other information in a proceeding before or ancillary to a court
or grand jury of the State of Vermont, and the presiding judge communicates to the
witness an order issued under subsection (b) of this section, the witness may not
refuse to comply with the order on the basis of his or her privilege against self-incrimination;
but no testimony or other information compelled under the order, or any information
directly or indirectly derived from such testimony or other information, may be used
for any purpose, including impeachment and cross-examination, against the witness
in any criminal case, except a prosecution for perjury, giving a false statement,
or otherwise failing to comply with the order. The State shall have the burden of
proving beyond a reasonable doubt that any proffered evidence was derived from sources
totally independent of the compelled testimony. If the witness is subsequently charged
with an offense, other than perjury, the court may order the return of all copies
of his or her compelled testimony. Nothing in this section shall preclude the Attorney
General or a State’s Attorney from entering into an agreement with a witness, or from
requesting an order from the presiding judge under subsection (b) of this section,
under which the witness shall not be prosecuted or subject to any penalty or forfeiture
for or on account of any transaction, matter, or thing concerning which he or she
may testify or produce evidence and no testimony given or procured pursuant to such
agreement shall be received against him or her in any criminal investigation, proceeding,
or trial, except a prosecution for perjury, giving a false statement, or otherwise
failing to comply with a court order.
(b) In the case of any individual who has been or may be called to testify or provide
other information at any proceeding before or ancillary to a court or grand jury of
the State of Vermont, the presiding judge may issue in accordance with subsection
(c) of this section, upon the request of the Attorney General or a State’s Attorney,
an order requiring such individual to give testimony or provide other information
which he or she refuses to give or provide on the basis of his or her privilege against
self-incrimination, such order to become effective as provided in subsection (a) of
this section.
(c) The Attorney General or a State’s Attorney may request an order under subsection (a)
of this section when in his or her judgment:
(1) the testimony or other information from such individual may be necessary to the public
interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information
on the basis of his or her privilege against self-incrimination. (1971, No. 199 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 109, § 1, eff. July 1, 1973; 1981, No. 223 (Adj. Sess.), § 22.)