Sec. 54-47a. Compelling testimony of witness. Immunity from prosecution.

(b) Upon the issuance of the order such witness shall not be excused from testifying or from producing books, papers or other evidence in such case or proceeding on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. No such witness may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled to testify or produce evidence, and no testimony or evidence so compelled, and no evidence discovered as a result of or otherwise derived from testimony or evidence so compelled, may be used as evidence against him in any proceeding, except that no witness shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. Whenever evidence is objected to as inadmissible because it was discovered as a result of or otherwise derived from compelled testimony or evidence, the burden shall be upon the person offering the challenged evidence to establish a source independent of the compelled testimony or evidence.

Section to be used to secure testimony for prosecution; as there is no other statutory authority granting immunity, there is no basis for granting immunity to witness for the defense. 170 C. 206. Cited. 172 C. 542, 561. Assistant state's attorney has authority pursuant to this section, in conjunction with Sec. 51-278, to make applications for immunity grants. 174 C. 16. One who has been granted immunity is not incompetent witness, although fact of immunity may bear upon weight given testimony of witness granted immunity. Id., 287. Cited. 191 C. 670; 201 C. 559; 202 C. 541; 204 C. 259. Defendant lacks standing to challenge procedure by which a witness has been immunized. 206 C. 203. Cited. 207 C. 98; 213 C. 66; 221 C. 625. A grant of immunity pursuant to section includes both use immunity and transactional immunity. 298 C. 404.

Cited. 16 CA 679; 17 CA 395; 20 CA 447; 33 CA 521. In the absence of special circumstances, once the state grants immunity under section, it lacks the power to revoke that immunity. 168 CA 847; judgment affirmed, see 334 C. 431. Grant of immunity from prosecution for any perjury witness may commit while testifying is improper and in violation of public policy. 188 CA 813.

Cited. 45 CS 1.