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Session Laws, 1985, May and October Special Sessions
Volume 761, Page 46   View pdf image
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46

LAWS OF MARYLAND

Ch. 10

§ 132 OR §§ 340 THROUGH 343 OF THE CODE, IF SUCH OFFENSES INVOLVE
OFFICERS, DIRECTORS, OR EMPLOYEES OF A SAVINGS AND LOAN
ASSOCIATION, IS NOT EXCUSED FROM TESTIFYING OR COMPLYING WITH A
SUMMONS OR SUBPOENA BECAUSE THE ANSWER MAY TEND TO INCRIMINATE
HIM.

(B) ANY ANSWER OR DOCUMENTS THAT MAY BE PRODUCED MAY NOT BE

USED AS EVIDENCE EITHER DIRECTLY OR INDIRECTLY IN A CRIMINAL

PROCEEDING.

(C) THIS SECTION SHALL BE ADMINISTERED IN ACCORDANCE WITH
RULE 4-631 OF THE MARYLAND RULES.

(B) A PERSON COMPELLED TO TESTIFY OR PRODUCE DOCUMENTS ON
BEHALF OF THE STATE UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
EXEMPT FROM PROSECUTION, TRIAL, AND PUNISHMENT FOR ANY AND ALL
CRIMES AND OFFENSES ABOUT WHICH THE PERSON WAS COMPELLED TO
TESTIFY.

(C) (1) IF A PERSON LAWFULLY REFUSES TO ANSWER OR TO
PROVIDE OTHER INFORMATION ON THE BASIS OF THE PRIVILEGE AGAINST
SELF INCRIMINATION, THE COURT SHALL COMPEL THE WITNESS TO ANSWER
OR OTHERWISE PROVIDE INFORMATION IF:

(I) THE PROSECUTING ATTORNEY REQUESTS IN
WRITING OR ON THE RECORD THAT THE COURT ORDER THE PERSON TO
ANSWER OR OTHERWISE PROVIDE INFORMATION, NOTWITHSTANDING THE
PERSON'S CLAIM OF PRIVILEGE; AND

(II) THE COURT INFORMS THE PERSON OF THE SCOPE
OF IMMUNITY THE WITNESS WILL RECEIVE.

(2) THE COURT SHALL ENTER ITS ORDER COMPELLING
TESTIMONY IN WRITING OR ON THE RECORD.

(D)  THIS SECTION APPLIES TO INVESTIGATIONS OR PROSECUTIONS
IN PROGRESS ON THE EFFECTIVE DATE OF THIS ACT, OR TO ANY OTHER
INVESTIGATION OR PROSECUTION AS MAY BE AUTHORIZED AUTHORIZED BY
THE GOVERNOR UNDER ARTICLE V, § 3 OF THE MARYLAND CONSTITUTION.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of
this Act apply to investigations or prosecutions of any savings
and loan association insured by or subject to the Maryland
Savings-Share Insurance Corporation at any time on or before the
effective date of Chapter 6 of the Acts of the Special Session of
the General Assembly convened on May 17, 1985. In regard to
these investigations or prosecutions, the provisions of this Act
apply to any officers, directors, or employees of any savings and
loan association insured by or subject to the Maryland
Savings-Share Insurance Corporation at any time on or before the
effective date of Chapter 6 of the Acts of the Special Session of
the General Assembly convened on May 17, 1985.

 

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Session Laws, 1985, May and October Special Sessions
Volume 761, Page 46   View pdf image
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