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Session Laws, 1989
Volume 771, Page 4883   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

(2) TESTIMONY OR OTHER INFORMATION COMPTROLLER UNDER
THE ORDER, AND INFORMATION DIRECTLY OR INDIRECTLY DERIVED FROM
THE TESTIMONY OR OTHER INFORMATION, MAY NOT 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, 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) TO COMPEL AN INDIVIDUAL TO TESTIFY OR PROVIDE OTHER
INFORMATION, THE PROSECUTOR SHALL REQUEST THE COURT, BY WRITTEN
MOTION, 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.

290.

[Any] EXCEPT AS PROVIDED OTHERWISE UNDER THIS SUBHEADING,
ANY person who attempts, endeavors or conspires to commit any
offense defined in this subheading is punishable by imprisonment
or fine or both which may not exceed the maximum punishment
prescribed for the offense, the commission of which was the
object of the attempt, endeavor or conspiracy.

298.

(H) (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE

CONTRARY, LAW ENFORCEMENT OFFICER OF ANY MUNICIPALITY OR COUNTY
OF THIS STATE MAY CONDUCT INVESTIGATIONS AND OTHERWISE ENFORCE

- 4883 -

 

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Session Laws, 1989
Volume 771, Page 4883   View pdf image
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