Ark. Code Ann. § 16-43-603 (2026)
Immunity generally
Whenever a witness refuses, on the basis of his privilege of self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney and the person presiding over the proceeding communicates to the witness an order issued under this subchapter, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. However, no testimony or other information compelled under the order, or any other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
History. Acts 1973, No. 561, § 2; A.S.A. 1947, § 28-532.
Case Notes
Purpose.
This section is not self-executing and its purpose is only to preserve the constitutional privilege of self-incrimination to one compelled to testify. Hammers v. State, 261 Ark. 585, 550 S.W.2d 432 (1977).
Standing to Contest Immunity.
A defendant has no standing to contest the kind of immunity granted to a witness; information gathered by virtue of witness' immunity, however, is a different matter, at least with respect to the use of such evidence against the person who was granted immunity. Trimble v. State, 316 Ark. 161, 871 S.W.2d 562 (1994).
Cited: Balentine v. State, 259 Ark. 590, 535 S.W.2d 221 (1976).