USE IMMUNITY - S.B. 475 (S-1): FLOOR ANALYSIS

Senate Bill 475 (Substitute S-1 as reported)

Sponsor: Senator Joel D. Gougeon

Committee: Judiciary

CONTENT

The bill would amend the Michigan Penal Code to delete provisions under which a witness may not be prosecuted for crimes about which he or she testifies, if the witness has been granted immunity (i.e., transactional immunity). Instead, the bill provides that if a witness were granted immunity, his or her testimony and any information derived from it could not be used against the witness in a criminal case (i.e., the witness would be granted use immunity). The testimony could be used, however, for impeachment purposes or in a prosecution for perjury or otherwise failing to comply with the immunity order.

Provisions that the bill would amend pertain to prosecutions for bribery, conspiracy, prize fights, and prostitution.

The bill is tie-barred to Senate Bills 473, 474, and 476.

MCL 750.125 et al. - Legislative Analyst: S. Lowe

FISCAL IMPACT

The bill would have an indeterminate impact on the criminal justice system. The extent, if any, to which the bill would affect convictions cannot be estimated.

Date Completed: 11-10-97 - Fiscal Analyst: B. Bowerman

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.