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This entry was published on 2024-07-05
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SECTION 534-V
Refusal to answer question, immunity; prosecution
Executive (EXC) CHAPTER 18, ARTICLE 19-I
§ 534-v. Refusal to answer question, immunity; prosecution. 1. In any
investigation, interview or other proceeding conducted under oath by the
commission or any duly authorized officer, employee or agent thereof, if
a person refuses to answer a question or produce evidence of any other
kind on the ground that the person may be incriminated thereby, and,
notwithstanding such refusal, an order is made upon twenty-four hours'
prior written notice to the attorney general of the state of New York,
and to the appropriate district attorney or prosecutor having an
official interest therein, by the commissioner or by the commissioner's
designees appointed pursuant to the provisions of subdivision three of
section five hundred thirty-four-c of this article, that such person
answer the question or produce the evidence, such person shall comply
with the order. If such person complies with the order, and if, but for
this subdivision, would have been privileged to withhold the answer
given or the evidence produced by the person, then immunity shall be
conferred upon the person, as provided for in this section. "Immunity"
as used in this subdivision means that such person shall not be
prosecuted or subjected to any penalty or forfeiture for or on account
of any transaction, matter or thing concerning which, in accordance with
the order by the commission or the commissioner's designees appointed
pursuant to the provisions of subdivision three of section five hundred
thirty-four-c of this article, such person gave answer or produced
evidence, and that no such answer given or evidence produced shall be
received against the person upon any criminal proceeding. But the person
may nevertheless be prosecuted or subjected to penalty or forfeiture for
any perjury or contempt committed in answering, or failing to answer, or
in producing or failing to produce evidence, in accordance with the
order, and any such answer given or evidence produced shall be
admissible against the person upon any criminal proceeding concerning
such perjury or contempt. Immunity shall not be conferred upon any
person except in accordance with the provisions of this subdivision. If,
after compliance with the provisions of this subdivision, a person is
ordered to answer a question or produce evidence of any other kind and
complies with such order, and it is thereafter determined that the
attorney general or appropriate district attorney or prosecutor having
an official interest therein not notified, such failure or neglect shall
not deprive such person of any immunity otherwise properly conferred
upon the person.

2. If a person, in obedience to a subpoena directing the person to
attend and testify, comes into this state from another state, the person
shall not, while in this state pursuant to such subpoena, be subject to
arrest or the service of process, civil or criminal, in connection with
matters which arose before the person's entrance into this state under
the subpoena.