New York § 534-V - 534-VRefusal to answer question, immunity; prosecution

§ 534-V. 534-VRefusal to answer question, immunity; prosecution

§ 534-v. Refusal to answer question, immunity; prosecution. 1. In any investigation, interview or other proceeding conducted under oath by the commission or any duly authorized officer, employee or agent thereof, if a person refuses to answer a question or produce evidence of any other kind on the ground that the person may be incriminated thereby, and, notwithstanding such refusal, an order is made upon twenty-four hours' prior written notice to the attorney general of the state of New York, and to the appropriate district attorney or prosecutor having an official interest therein, by the commissioner or by the commissioner's designees appointed pursuant to the provisions of subdivision three of section five hundred thirty-four-c of this article, that such person answer the question or produce the evidence, such person shall comply with the order. If such person complies with the order, and if, but for this subdivision, would have been privileged to withhold the answer given or the evidence produced by the person, then immunity shall be conferred upon the person, as provided for in this section. "Immunity" as used in this subdivision means that such person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in accordance with the order by the commission or the commissioner's designees appointed pursuant to the provisions of subdivision three of section five hundred thirty-four-c of this article, such person gave answer or produced evidence, and that no such answer given or evidence produced shall be received against the person upon any criminal proceeding. But the person may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury or contempt committed in answering, or failing to answer, or in producing or failing to produce evidence, in accordance with the order, and any such answer given or evidence produced shall be admissible against the person upon any criminal proceeding concerning such perjury or contempt. Immunity shall not be conferred upon any person except in accordance with the provisions of this subdivision. If, after compliance with the provisions of this subdivision, a person is ordered to answer a question or produce evidence of any other kind and complies with such order, and it is thereafter determined that the attorney general or appropriate district attorney or prosecutor having an official interest therein not notified, such failure or neglect shall not deprive such person of any immunity otherwise properly conferred upon the person. 2. If a person, in obedience to a subpoena directing the person to attend and testify, comes into this state from another state, the person shall not, while in this state pursuant to such subpoena, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this state under the subpoena.