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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 50. Witnesses
- Section 101. Immunity of Witnesses.
previous: Section 90
. - 12.50.100l Material Witnesses. [Repealed, Sec. 2 Ch 20 SLA 1966. For Current Law, See AS 12.30.050
next: Section 201
. Temporary Detention and Identification of Persons
AS 12.50.101. Immunity of Witnesses.
- (a) If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other
information in a criminal proceeding before or ancillary to a court or grand jury of this state, and a judge issues an
order under (b) of this section, the witness may not refuse to comply with the order on the basis of the privilege
against self-incrimination. If the witness fully complies with the order, the witness may not be prosecuted for an
offense about which the witness is compelled to testify, except in a prosecution based on perjury, giving a false
statement or otherwise knowingly providing false information, or hindering prosecution.
- (b) In the case of an individual who has been or may be called to testify or provide other information in a criminal
proceeding before or ancillary to a court or a grand jury of this state, a superior or district court for the judicial
district in which the proceeding is or may be held shall issue, upon the application of the attorney general or the
attorney general's designee in accordance with (d) of this section, an order requiring the individual to give testimony
or provide other information that the individual refuses to give or provide based on the privilege against
- (c) An order issued under (b) of this section is effective when communicated to the individual specified in the order.
- (d) The attorney general or the attorney general's designee may apply for an order under (b) of this section when, in the
judgment of the attorney general or the attorney general's designee,
- (1) the testimony or other information may be necessary to the administration of criminal justice; and
- (2) the individual who is the subject of the application has refused or is likely to refuse to testify or to provide other
information on the basis of the privilege against self-incrimination.
- (e) If a witness refuses, or there is reason to believe the witness will refuse, to testify or provide other information
based on the privilege against self-incrimination, and if the attorney general or the attorney general's designee has
not applied for an order under (b) of this section, the court shall inform the witness of the right to be represented
by an attorney, and that an attorney will be appointed for the witness if the witness qualifies for counsel under AS 18.85. The court shall recess the proceeding to allow the witness to
consult with the attorney for the witness.
- (f) If the attorney general or the attorney general's designee declines to seek an order under (b) of this section after
the witness has had an opportunity to consult with an attorney, and the witness continues to refuse to testify or
provide other information, the court shall hold a hearing to determine the validity of the claim of privilege by the
witness. The hearing shall be in camera.
- (g) At the hearing under (f) of this section, the attorney for the witness, in the form of a proffer, shall describe the
testimony or other information that the witness claims is privileged. The proffer must include a description of how the
testimony or other information could connect the witness with a crime. The proffer is privileged and inadmissible for
any other purpose. If the proffer establishes a factual basis that there is a real or substantial danger that the
testimony or other information to be compelled would support a conviction or would furnish a link in the chain of
evidence leading to conviction for a crime, the court may find that the witness has a valid claim of privilege.
- (h) If the court finds that the witness has a valid claim of privilege, it shall advise an attorney designated by the
attorney general of that finding and inform the attorney of the category or categories of offense to which the
privilege applies: a higher-level felony, a lower-level felony, or a misdemeanor. If the designated attorney decides
that granting immunity to the witness is appropriate, the designated attorney shall inform the prosecution of that
decision, and shall deliver or cause to be delivered a letter to the witness, or an attorney for the witness, granting
immunity to the witness. The designated attorney may not disclose the category of offense to anyone.
- (i) In this section,
- (1) "higher-level felony" means an unclassified or class A felony;
- (2) "lower-level felony" means a class B or class C felony;
- (3) "other information" means books, papers, documents, records, recordings, or other similar material;
- (4) "proffer" means a written or oral statement by the attorney for the witness, stating the attorney's good faith belief
of the substance of the witness's testimony or other information.
Article 03. TEMPORARY DETENTION AND IDENTIFICATION OF PERSONS
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