South Carolina § 38-57-220 - Immunity from prosecution.

§ 38-57-220. Immunity from prosecution.

If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to any penalty or forfeiture and is, notwithstanding, directed to give the testimony or produce the evidence, he shall comply with the direction, but he may not thereafter be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence pursuant thereto. No testimony so given or evidence produced may be received against him upon any criminal action, investigation, or proceeding. The individual so testifying is not exempt from prosecution or punishment for any perjury committed by him while so testifying, and the testimony or evidence so given or produced is admissible against him upon any criminal action, investigation, or proceeding concerning the perjury, nor is he exempt from the refusal, revocation, or suspension of any license, permission, or authority conferred or to be conferred pursuant to this title. The individual may execute, acknowledge, and file in the office of the department a statement expressly waiving his immunity or privilege in respect to any transaction, matter, or thing specified in the statement and thereupon the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and, if so received or produced, the individual is not entitled to any immunity or privilege on account of any testimony he may so give or evidence so produced.

HISTORY: Former 1976 Code SECTION 38-57-220 [1979 Act No. 190 SECTION 9] recodified as SECTION 23-9-470 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-55-300 [1947 (45) 322; 1952 Code SECTION 37-1222; 1962 Code SECTION 37-1230; 1964 (53) 2293] recodified as SECTION 38-57-220 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 713.