THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.19b Delivery of immunity order to witness; use of truthful testimony or other information against witness in criminal case; transcript; duration of order granting immunity.
Sec. 19b.
(1) A true copy of the order granting immunity shall be delivered to the witness before he or she answers any questions before the grand jury.
(2) Truthful testimony or other information compelled under the order granting immunity and any information derived directly or indirectly from that truthful testimony or other information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to comply with the order.
(3) All questions asked of the witness and his or her answers shall be transcribed. If a witness who has been granted immunity subsequently alleges that he or she is being prosecuted for an offense in violation of the grant of immunity, a true copy of the transcript, duly certified by an officer authorized to administer oaths, shall be delivered to the witness as soon as practicable.
(4) The order granting immunity shall continue in effect until the judge who summoned the jury or his or her successor, in his or her discretion and upon the prosecuting attorney's application, enters an order terminating the order granting immunity and informs the witness of the order of termination.
History: Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 1999, Act 250, Imd. Eff. Dec. 28, 1999
Notes of Decisions
People of Michigan v. William Little, 499 Mich. 332 (Mich. 2016).
· cites it 2× “453, and the instant statute does not, we should not incorporate such an exception into the instant statute.”
Truel v. City of Dearborn, 804 N.W.2d 744 (Mich. Ct. App. 2010).
“MCL 767.19b(3) (a witness who testifies before a grand jury under a grant of immunity is entitled to a transcript of his testimony if he is prosecuted for an offense in violation of the grant of immunity) and MCL 767.”
People v. Patterson, 228 N.W.2d 804 (Mich. Ct. App. 1975).
· cites it 4× “) The language of this order is similar to that found in the immunity statute on which it relies, MCLA 767.19b; MSA 28.959(2), to wit: *731 "No person required to answer such questions shall thereafter be prosecuted for any offense concerning which such answers may have tended…”
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015).
“19a; MCL 767.19b; MCL 767.21. Further, to the extent that grand jury materials are admitted at trial or in lower court filings, the Free Press and the public will have access to them.”
In Re Spalter, 188 N.W.2d 67 (Mich. Ct. App. 1971).
· cites it 2× “ircuit Court signed an order which provided that: “Louis Spalter shall appear and testify before the grand jury as to those matters set forth in the aforesaid application and petition of the prosecuting attorney, and he shall thereafter be held immune from any criminal…”
— Mich. Comp. Laws § 767.19b(2) — 2 cases
— Mich. Comp. Laws § 767.19b(3) — 1 case
Truel v. City of Dearborn, 804 N.W.2d 744 (Mich. Ct. App. 2010).
“MCL 767.19b(3) (a witness who testifies before a grand jury under a grant of immunity is entitled to a transcript of his testimony if he is prosecuted for an offense in violation of the grant of immunity) and MCL 767.”
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