§ 5947. Immunity of witnesses.
(a) General rule.--Immunity orders shall be available under this section in all proceedings before:
(1) Courts.
(2) Grand juries.
(3) Investigating grand juries.
(4) The minor judiciary or coroners.
(b) Request and issuance.--The Attorney General or a district attorney may request an immunity order from any
judge of a designated court, and that judge shall issue such an order, when in the
judgment of the Attorney General or district attorney:
(1) the testimony or other information from a witness may be necessary to the public interest;
and
(2) a witness has refused or is likely to refuse to testify or provide other information
on the basis of his privilege against self-incrimination.
(c) Order to testify.--Whenever a witness refuses, on the basis of his privilege against self-incrimination,
to testify or provide other information in a proceeding specified in subsection (a),
and the person presiding at such proceeding communicates to the witness an immunity
order, that witness may not refuse to testify based on his privilege against self-incrimination.
(d) Limitation on use.--No testimony or other information compelled under an immunity order, or any information
directly or indirectly derived from such testimony or other information, may be used
against a witness in any criminal case, except that such information may be used:
(1) in a prosecution under 18 Pa.C.S. § 4902 (relating to perjury) or under 18 Pa.C.S.
§ 4903 (relating to false swearing);
(2) in a contempt proceeding for failure to comply with an immunity order; or
(3) as evidence, where otherwise admissible, in any proceeding where the witness is not
a criminal defendant.
(e) Civil contempt.--Any person who shall fail to comply with an immunity order may be adjudged in civil
contempt and committed to the county jail until such time as he purges himself of
contempt by complying with the order, except that with regard to proceedings before
grand juries or investigating grand juries, if the grand jury before which a person
has been ordered to testify has been dissolved, he may then purge himself of contempt
by complying before the designated court which issued the order.
(f) Criminal contempt.--In addition to civil contempt as provided in subsection (e), any person who shall
fail to comply with an immunity order shall be guilty of criminal contempt, and upon
conviction thereof, shall be sentenced to pay a fine of not more than $1,000 or to
undergo imprisonment for a period of not more than one year, or both.
(g) Definitions.--The following words and phrases when used in this section shall have, unless the context
clearly indicates otherwise, the meanings given to them in this subsection:
"Designated court."
(1) In the case of proceedings before courts, countywide grand juries, countywide investigating
grand juries, the minor judiciary or coroners: the court of common pleas of the judicial
district in which the proceeding is taking place.
(2) In the case of proceedings before multicounty investigating grand juries: the judge
of the court of common pleas designated as supervising judge of that grand jury.
"Immunity order." An order issued under this section by a designated court, directing a witness to testify
or produce other information over a claim of privilege against self-incrimination.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 4, 1978, P.L.873, No.168, eff.
60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
Cross References. Section 5947 is referred to in section 911 of Title 18 (Crimes and Offenses).
Notes of Decisions
Cited in
37
cases (
2 in the last 5 years), 1979–2021 · leading case:
Com. v. Cosby Jr., W., 224 A.3d 372 (Pa. Super. Ct. 2019).
Com. v. Cosby Jr., W., 224 A.3d 372 (Pa. Super. Ct. 2019).
· cites it 5× “The exclusive authority for conferring immunity from prosecution rests within the immunity statute itself, 42 Pa.C.S. § 5947. Section 5947 provides, in pertinent part, that a district attorney may request an immunity order from any judge of a designated court, and that judge…”
Commonwealth v. Maguigan, 511 A.2d 1327 (Pa. 1986).
· cites it 12× “On April 29, 1983, however, the Commonwealth petitioned the Superior Court to remand the matter to the Court of Common Pleas for the purpose of granting immunity to appellee under the Immunity Act, 42 Pa.C.S. § 5947 *119 et seq. [3] It was the Commonwealth's position that the…”
Commonwealth v. Swinehart, 664 A.2d 957 (Pa. 1995).
· cites it 5× “This case presents the question of whether the use and derivative use immunity provided in 42 Pa.C.S. § 5947, is consistent with the Pennsylvania constitutional privilege at Article 1, Section 9, against compelled self-incrimination.”
Commonwealth v. Mulholland, 702 A.2d 1027 (Pa. 1997).
· cites it 4× “ The Attorney General or a district attorney may request an immunity order from any judge of a designated court, and that judge shall issue such an order, when in the judgment of the Attorney General or district attorney: (1) the testimony or other information from a witness…”
In Re Investigating Grand Jury, Etc., 433 A.2d 5 (Pa. 1981).
· cites it 8× “The court's fundamental power to initiate contempt proceedings, even without a request to do so by the grand jury, is evident from the statute governing immunity of witnesses, 42 Pa.C.S. § 5947. The immunity statute draws no distinction between proceedings before investigating…”
Commonwealth v. Russo, 934 A.2d 1199 (Pa. 2007).
· cites it 2× “2d 957, 958 (1995) (evaluating whether use and derivative use immunity provided in 42 Pa.C.S. § 5947 was consistent with Article 1, Section 9's privilege against compelled self-incrimination) ("We find that the four-pronged method of analysis established in Edmunds to be the…”
Commonwealth v. Hall, 867 A.2d 619 (Pa. Super. Ct. 2005).
· cites it 2× “42 Pa.C.S. § 5947 tells us who may request a grant of immunity.”
Commonwealth v. Einhorn, 911 A.2d 960 (Pa. Super. Ct. 2006).
“See 42 Pa. Cons. StatAnn. § 5947(b). The decision to seek a grant of immunity in any given case rests within the judgment of the prosecutor, and if such request complies with the immunity statute, then immunity must be granted.”
Commonwealth v. Webster, 470 A.2d 532 (Pa. 1983).
· cites it 2× “See: 42 Pa.C.S. § 5947. [2] Denial of a pre-trial application seeking discharge on double jeopardy grounds is considered a "final order" and is immediately appealable.”
Commonwealth v. Rolon, 406 A.2d 1039 (Pa. 1979).
· cites it 2× “We note that appellant's trial began before the effective date of 42 Pa.C.S. § 5947(c) ("district attorney may request an immunity order" in specified circumstances).”
Commonwealth v. Markun, 185 A.3d 1026 (Pa. Super. Ct. 2018).
“§ 7114, a provision of the Mental Health Procedures Act, applies to decisions made by certain individuals regarding "an application for voluntary treatment or for involuntary emergency examination and treatment" and states those individuals "shall not be civilly or criminally…”
— 42 Pa. Cons. Stat. § 5947(a) — 3 cases
Commonwealth v. Maguigan, 511 A.2d 1327 (Pa. 1986).
“On April 29, 1983, however, the Commonwealth petitioned the Superior Court to remand the matter to the Court of Common Pleas for the purpose of granting immunity to appellee under the Immunity Act, 42 Pa.C.S. § 5947 *119 et seq. [3] It was the Commonwealth's position that the…”
— 42 Pa. Cons. Stat. § 5947(a)(1) — 2 cases
Commonwealth v. Maguigan, 511 A.2d 1327 (Pa. 1986).
“On April 29, 1983, however, the Commonwealth petitioned the Superior Court to remand the matter to the Court of Common Pleas for the purpose of granting immunity to appellee under the Immunity Act, 42 Pa.C.S. § 5947 *119 et seq. [3] It was the Commonwealth's position that the…”
— 42 Pa. Cons. Stat. § 5947(b) — 9 cases
Commonwealth v. Mulholland, 702 A.2d 1027 (Pa. 1997).
“ The Attorney General or a district attorney may request an immunity order from any judge of a designated court, and that judge shall issue such an order, when in the judgment of the Attorney General or district attorney: (1) the testimony or other information from a witness…”
Com. v. Cosby Jr., W., 224 A.3d 372 (Pa. Super. Ct. 2019).
“The exclusive authority for conferring immunity from prosecution rests within the immunity statute itself, 42 Pa.C.S. § 5947. Section 5947 provides, in pertinent part, that a district attorney may request an immunity order from any judge of a designated court, and that judge…”
Commonwealth v. Einhorn, 911 A.2d 960 (Pa. Super. Ct. 2006).
“See 42 Pa. Cons. StatAnn. § 5947(b). The decision to seek a grant of immunity in any given case rests within the judgment of the prosecutor, and if such request complies with the immunity statute, then immunity must be granted.”
Commonwealth v. Hall, 867 A.2d 619 (Pa. Super. Ct. 2005).
“42 Pa.C.S. § 5947 tells us who may request a grant of immunity.”
— 42 Pa. Cons. Stat. § 5947(b)(1) — 1 case
Com. v. Cosby Jr., W., 224 A.3d 372 (Pa. Super. Ct. 2019).
“The exclusive authority for conferring immunity from prosecution rests within the immunity statute itself, 42 Pa.C.S. § 5947. Section 5947 provides, in pertinent part, that a district attorney may request an immunity order from any judge of a designated court, and that judge…”
— 42 Pa. Cons. Stat. § 5947(c) — 1 case
Commonwealth v. Rolon, 406 A.2d 1039 (Pa. 1979).
“We note that appellant's trial began before the effective date of 42 Pa.C.S. § 5947(c) ("district attorney may request an immunity order" in specified circumstances).”
— 42 Pa. Cons. Stat. § 5947(d) — 1 case
— 42 Pa. Cons. Stat. § 5947(e) — 1 case
— 42 Pa. Cons. Stat. § 5947(f) — 1 case
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