(1) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court or grand jury of the state of Colorado involving any laws of the state and the person presiding over the proceeding communicates to the witness an order as specified in subsection (2) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination; except that no testimony or other information compelled under the order, or any 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 or false statement or otherwise failing to comply with the order.
(2) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court or grand jury of the state of Colorado, the district court for the judicial district in which the proceeding is or may be held, or the county court in which a misdemeanor proceeding is or may be held, may issue, upon request of any district attorney, attorney general, or special prosecutor of the state of Colorado, an order requiring such individual to give testimony or provide other information which he or she refuses to give or provide on the basis of the privilege against self-incrimination, such order to become effective as provided in subsection (1) of this section.
(3) A district attorney, attorney general, or special prosecutor of the state of Colorado may request an order as specified in subsection (2) of this section when in his or her judgment the testimony or other information from such individual may be necessary to the public interest and such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.
Source: L. 69: p. 1245, § 1. C.R.S. 1963: § 154-1-18. L. 72: p. 574, § 68. L. 83: Entire section R&RE, p. 638, § 1, effective July 1. L. 2004: Entire section amended, p. 1378, § 4, effective July 1.
Notes of Decisions
Cited in
35
cases, 1979–2014 · leading case:
Merritt v. People, 842 P.2d 162 (Colo. 1992).
Merritt v. People, 842 P.2d 162 (Colo. 1992).
· cites it 22× “Pursuant to § 13-90-118, 6A C.R.S. (1987), the prosecutor requested that the court grant the two juveniles "use immunity" for their testimony against Merritt.”
People v. Guenther, 740 P.2d 971 (Colo. 1987).
· cites it 8× “5(3) is analogous to the decision to seek use immunity for a witness pursuant to section 13-90-118, 6 C.R.S. (1986 Supp.), when the witness refuses to testify on the basis of his privilege against self-incrimination — a decision which we have recognized as being within the…”
Steinberger v. Dist. Ct. in & for Tenth Jud., 596 P.2d 755 (Colo. 1979).
· cites it 7× “Colorado’s immunity statute, section 13-90-118, C.R.S. 1973, after granting courts authority to compel a witness to testify, provides that: “.”
People v. Manning, 672 P.2d 499 (Colo. 1983).
· cites it 12× “First, neither the defendant, in her analysis of the alleged promise, nor the prosecution, in its claim that any promise was unauthorized, argue that the Colorado witness-immunity statute, section 13-90-118, C.R.S.1973, is directly applicable to this case.”
People v. Romero, 745 P.2d 1003 (Colo. 1987).
· cites it 8× “Although section 13-90-118, 6 C.R.S. (1986 Supp.), authorizes a district attorney, attorney general, or special prosecutor to petition a district court for an order granting a person use immunity in exchange for the person's testimony in a judicial proceeding, this statute is…”
Hopp & Flesch, LLC v. Backstreet, 123 P.3d 1176 (Colo. 2005).
· cites it 10× “Under the statute, a district attorney, attorney general, or state special prosecutor may request immunity for a witness. § 13-90-118(2), (3), C.”
People v. Briggs, 709 P.2d 911 (Colo. 1985).
· cites it 4× “On the date of the defendant's preliminary hearing, in accordance with the agreement reached between the authorities and Martin, a formal immunity order was entered by the trial court pursuant to section 13-90-118, 6 C.R.S. (1973). The order stated that Martin "shall not be…”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
· cites it 6× “2d 1208, 1211 (1978), when we stated: "The court's authority to punish for contempt of court a witness who disobeys an order to testify issued under section 13-90-118, C.R.S.1973, cannot be seriously questioned.”
People v. Russom, 107 P.3d 986 (Colo. Ct. App. 2004).
· cites it 4× “Section 13-90-118, C.R.S.2003; People v. Eggert, 923 P.”
People v. Raibon, 843 P.2d 46 (Colo. Ct. App. 1992).
· cites it 4× “Hence, the only immunity available to a witness is under § 13-90-118, C.R.S. (1987 Repl.Vol. 6A), which allows immunity to be granted by the trial court only upon the request of the People.”
Pr v. Dist. Court for Cnty. of Denver, 637 P.2d 346 (Colo. 1981).
· cites it 6× “[3] The attorney general then applied to the court *349 for witness immunity and the court, pursuant to section 13-90-118, C.R.S.1973, ordered the witness to testify under a grant of transactional immunity.”
People v. Eggert, 923 P.2d 230 (Colo. Ct. App. 1995).
· cites it 5× “The applicable statute, § 13-90-118, C.R.S. (1987 Repl.Vol. 6A), adopted in its present form in 1983, provides only for use immunity.”
— Colo. Rev. Stat. § 13-90-118(1) — 2 cases
Merritt v. People, 842 P.2d 162 (Colo. 1992).
“Pursuant to § 13-90-118, 6A C.R.S. (1987), the prosecutor requested that the court grant the two juveniles "use immunity" for their testimony against Merritt.”
— Colo. Rev. Stat. § 13-90-118(2) — 2 cases
Hopp & Flesch, LLC v. Backstreet, 123 P.3d 1176 (Colo. 2005).
“Under the statute, a district attorney, attorney general, or state special prosecutor may request immunity for a witness. § 13-90-118(2), (3), C.”
— Colo. Rev. Stat. § 13-90-118(3) — 2 cases
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