WILLIAM DONALD SCHAEFER, Governor Ch. 289

GRAND JURY OF THE STATE, INVOLVING A CRIME OF VIOLENCE, AS
DEFINED IN ARTICLE 27, § 643B OF THE CODE, OR AN OFFENSE UNDER
ARTICLE 27, § 286 OR § 286A OF THE CODE, AND THE COURT ISSUES AN
ORDER TO TESTIFY OR PROVIDE OTHER INFORMATION UNDER SUBSECTION
(C) OF THIS SECTION, THE WITNESS MAY NOT REFUSE TO COMPLY WITH
THE ORDER ON THE BASIS OF THE PRIVILEGE AGAINST
SELF-INCRIMINATION.

(2) NO TESTIMONY OR OTHER INFORMATION COMPELLED UNDER
THE ORDER, AND NO INFORMATION DIRECTLY OR INDIRECTLY DERIVED FROM
THE TESTIMONY OR OTHER INFORMATION, MAY BE USED AGAINST THE
WITNESS IN ANY CRIMINAL CASE, EXCEPT IN A PROSECUTION FOR
PERJURY, OBSTRUCTION OF JUSTICE, OR OTHERWISE FAILING TO COMPLY
WITH THE ORDER.

(C)   IF AN INDIVIDUAL HAS BEEN, OR MAY BE, CALLED TO TESTIFY
OR PROVIDE OTHER INFORMATION IN A CRIMINAL PROSECUTION OR A
PROCEEDING BEFORE A GRAND JURY OF THE STATE, INVOLVING A CRIME OF
VIOLENCE, AS DEFINED IN ARTICLE 27, § 643B OF THE CODE, OR AN
OFFENSE UNDER ARTICLE 27, § 286 OR § 286A OF THE CODE, THE COURT
IN WHICH THE PROCEEDING IS OR MAY BE HELD SHALL ISSUE, ON THE
REQUEST OF THE PROSECUTOR MADE IN ACCORDANCE WITH SUBSECTION (D)
OF THIS SECTION, AN ORDER REQUIRING THE INDIVIDUAL TO GIVE
TESTIMONY OR PROVIDE OTHER INFORMATION WHICH THE INDIVIDUAL HAS
REFUSED TO GIVE OR PROVIDE ON THE BASIS OF THE INDIVIDUAL'S
PRIVILEGE AGAINST SELF-INCRIMINATION. THE ORDER SHALL HAVE THE
EFFECT PROVIDED UNDER SUBSECTION (B) OF THIS SECTION.

(D)  IF A PROSECUTOR SEEKS TO COMPEL AN INDIVIDUAL TO
TESTIFY OR PROVIDE OTHER INFORMATION, THE PROSECUTOR SHALL
REQUEST, BY WRITTEN MOTION, THE COURT TO ISSUE AN ORDER UNDER
SUBSECTION (C) OF THIS SECTION WHEN THE PROSECUTOR DETERMINES
THAT:

(1)  THE TESTIMONY OR OTHER INFORMATION FROM THE
INDIVIDUAL MAY BE NECESSARY TO THE PUBLIC INTEREST; AND

(2)  THE INDIVIDUAL HAS REFUSED OR IS LIKELY TO REFUSE
TO TESTIFY OR PROVIDE OTHER INFORMATION ON THE BASIS OF THE
INDIVIDUAL'S PRIVILEGE AGAINST SELF-INCRIMINATION.

(E)  IF A WITNESS REFUSES TO COMPLY WITH AN ORDER ISSUED
UNDER SUBSECTION (C) OF THIS SECTION, ON WRITTEN MOTION OF THE
PROSECUTOR AND ON ADMISSION INTO EVIDENCE OF THE TRANSCRIPT OF
THE REFUSAL, IF THE REFUSAL WAS BEFORE A GRAND JURY, THE COURT
SHALL TREAT THE REFUSAL AS A DIRECT CONTEMPT, NOTWITHSTANDING ANY
LAW TO THE CONTRARY, AND PROCEED IN ACCORDANCE WITH SUBTITLE P.
OF THE MARYLAND RULES.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 298(d)
through (g), respectively, of Article 27 - Crimes and Punishments

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