HB179 Alabama 2014 Session

This bill would authorize the Attorney General or a district attorney to request a court to issue an order requiring a material witness to testify when he or she refuses to give testimony on the basis of the privilege against self-incrimination. The court would be required to order the witness to testify and grant the witness immunity from prosecution of the offenses that are the subject of the trial, any related or lesser included offenses, as well as any other criminal offense that may be directly or indirectly derived from the testimony or information provided, with certain exceptions, such as perjury

This bill would provide that failure to comply with an order to testify is punishable as contempt

This bill would also allow a district attorney or the Attorney General to grant certain immunity to a person who has been called to testify before a grand jury and would provide that a person who fails to testify after a grant of immunity would be held in contempt

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To add Sections 12-21-228 and 12-21-229 to Subdivision 1 of Division 2 of Article 2 of Chapter 21 of Title 12, Code of Alabama 1975, relating to witnesses in criminal proceedings, to authorize the Attorney General or a district attorney to request a court to issue an order requiring a material witness to testify when he or she refuses to give testimony on the basis of privilege against self-incrimination; to provide that a witness compelled to testify will be afforded immunity from certain criminal offenses; to provide exceptions; to provide that failure to comply with an order to testify is punishable as contempt; to allow a district attorney or the Attorney General to grant certain immunity to a person who has been called to testify before a grand jury; to provide penalties for the failure to testify before a grand jury after a conferral of immunity; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.