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§ 9-123. Privilege against self-incrimination

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2014

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 9. Witnesses (Refs & Annos)
Subtitle 1. Competence, Compellability, and Privilege (Refs & Annos)
Effective: October 1, 2014
MD Code, Courts and Judicial Proceedings, § 9-123
§ 9-123. Privilege against self-incrimination
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Other information” includes any book, paper, document, record, recording, or other material.
(3) “Prosecutor” means:
(i) The State's Attorney for a county;
(ii) A Deputy State's Attorney;
(iii) The Attorney General of the State;
(iv) A Deputy Attorney General or designated Assistant Attorney General; or
(v) The State Prosecutor or Deputy State Prosecutor.
Order requiring testimony or information in a criminal prosecution or proceeding
(b)(1) If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, and the court issues an order to testify or provide other information under subsection (c) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination.
(2) No testimony or other information compelled under the order, and no information directly or indirectly derived from the testimony or other information, may be used against the witness in any criminal case, except in a prosecution for perjury, obstruction of justice, or otherwise failing to comply with the order.
Order requiring testimony or information in grand jury proceedings
(c)(1) If an individual has been, or may be, called to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, the court in which the proceeding is or may be held shall issue, on the request of the prosecutor made in accordance with subsection (d) of this section, an order requiring the individual to give testimony or provide other information which the individual has refused to give or provide on the basis of the individual's privilege against self-incrimination.
(2) The order shall have the effect provided under subsection (b) of this section.
Motion to compel individual to testify or provide information
(d) If a prosecutor seeks to compel an individual to testify or provide other information, the prosecutor shall request, by written motion, the court to issue an order under subsection (c) of this section when the prosecutor determines that:
(1) The testimony or other information from the individual may be necessary to the public interest; and
(2) The individual has refused or is likely to refuse to testify or provide other information on the basis of the individual's privilege against self-incrimination.
Refusal to testify or provide information as contempt
(e) If a witness refuses to comply with an order issued under subsection (c) of this section, on written motion of the prosecutor and on admission into evidence of the transcript of the refusal, if the refusal was before a grand jury, the court shall treat the refusal as a direct contempt, notwithstanding any law to the contrary, and proceed in accordance with Title 15, Chapter 200 of the Maryland Rules.

Credits

Added by Acts 1989, c. 288, § 1; Acts 1989, c. 289, § 1. Amended by Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2014, c. 224, § 1, eff. Oct. 1, 2014.
MD Code, Courts and Judicial Proceedings, § 9-123, MD CTS & JUD PRO § 9-123
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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