Bill Text: MS HB1322 | 2016 | Regular Session | Introduced

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Bill Title: Legislative committee witness; authorize to refuse to testify on ground of incrimination.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [HB1322 Detail]

Download: Mississippi-2016-HB1322-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary A

By: Representative Baker

House Bill 1322

AN ACT TO AMEND SECTION 5-1-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON SWORN AND EXAMINED AS A WITNESS BEFORE EITHER HOUSE MAY BE HELD TO ANSWER CRIMINALLY AND BE SUBJECT TO PENALTIES AND FORFEITURE FOR ANY FACT, ACT OR PRODUCTION OF DOCUMENTS OR ITEMS TOUCHING UPON HIS TESTIMONY OR ANY STATEMENT MADE TO EITHER HOUSE; TO AUTHORIZE ANY WITNESS TO INVOKE HIS RIGHT NOT TO ANSWER OR PRODUCE DOCUMENT ON THE GROUND OF INCRIMINATION; TO AMEND SECTION 5-1-23, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 5-1-25, Mississippi Code of 1972, is amended as follows:

     5-1-25.  * * * A person sworn and examined as a witness before either house, without procurement or contrivance, on his part, shall not be held to answer criminally, or be subject to any penalty or forfeiture for any fact or act touching which he is required to testify; nor shall any statement made, or book, document, or paper produced by any such witness be competent evidence in any criminal proceeding against such witness other than for perjury in delivering his evidence; nor shall such witness refuse to testify to any fact or to produce any book, document, or paper touching which he is examined, on the ground that he thereby will criminate himself, or that it will tend to disgrace him or render him infamous.Any person sworn and examined as a witness before either house may be held to answer criminally and be subject to penalties and forfeiture for any fact or act touching upon his testimony and any statement made, or any document or thing produced by any such witness may be competent evidence in any criminal proceeding against such witness.  Any such witness may invoke his right not to answer or to produce documents or any other item on the ground that he may incriminate himself.

     SECTION 2.  Section 5-1-23, Mississippi Code of 1972, is amended as follows:

     5-1-23.  If any witness neglects or refuses to obey a subpoena, * * *or, appearing, refuses to testify, the senate or house may, by a resolution entered on its journal, commit him for contempt, the commitment not to extend beyond the final adjournment of the session; and any witness neglecting and refusing to attend in obedience to a subpoena may be arrested by the sergeant-at-arms and brought before the senate or house; and a copy of the resolution of the senate or house, signed by the presiding officer thereof, and attested by the secretary or clerk, shall be sufficient authority to authorize such arrest.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.

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