756.549
Self-incrimination of witnesses in commission proceedings. (1) No person shall be excused
from testifying or from producing evidence in any proceeding held by the Public
Utility Commission on the ground that the testimony or evidence required of the
person may tend to incriminate the person or subject the person to prosecution,
penalty or forfeiture if:
(a) The person
has been directed by the commission to testify or produce evidence under oath;
(b) The person
claims, at the time the person is directed by the commission to testify or
produce evidence, that the testimony or evidence required of the person may
tend to incriminate the person or subject the person to prosecution, penalty or
forfeiture; and
(c) The
commission specifically grants the person immunity from prosecution, penalty or
forfeiture regarding those matters about which the person testifies or produces
evidence as directed.
(2) Except for
prosecution and punishment for perjury, no person who testifies or produces
evidence in accordance with subsection (1) of this section shall be prosecuted
or subjected to any penalty or forfeiture concerning any matter about which the
person so testified or produced evidence. [1971 c.655 §47]
756.550 [Amended by 1957 c.599 §1; 1971
c.655 §50; renumbered 756.558]
Notes of Decisions
Cited in
3
cases, 1984–1993 · leading case:
State v. Soriano, 684 P.2d 1220 (Or. Ct. App. 1984).
State v. Soriano, 684 P.2d 1220 (Or. Ct. App. 1984).
· cites it 2× “280 (unfair labor practices); ORS 756.549 (PUC hearings); ORS 756.552 (PUC court proceedings; originally enacted as Or Laws 1911, ch 279, § 59).”
State v. Graf, 853 P.2d 277 (Or. 1993).
“Oregon has all three kinds: ORS 756.549(2), which provides: ‘[N]o person who testifies or produces evidence in accordance with subsection (1) of this section shall be prosecuted or subjected to any penalty or forfeiture concerning any matter about which he testified or produced…”
State v. Strance, 769 P.2d 793 (Or. Ct. App. 1989).
· cites it 2× “If there is a problem, it is a legislative one; the legislature knows how to write an immunity statute that requires the witness to claim the right against self-incrimination before receiving immunity and has done so.”
— Or. Rev. Stat. § 756.549(2) — 2 cases
State v. Soriano, 684 P.2d 1220 (Or. Ct. App. 1984).
“280 (unfair labor practices); ORS 756.549 (PUC hearings); ORS 756.552 (PUC court proceedings; originally enacted as Or Laws 1911, ch 279, § 59).”
State v. Graf, 853 P.2d 277 (Or. 1993).
“Oregon has all three kinds: ORS 756.549(2), which provides: ‘[N]o person who testifies or produces evidence in accordance with subsection (1) of this section shall be prosecuted or subjected to any penalty or forfeiture concerning any matter about which he testified or produced…”
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