HOUSE DOCKET, NO. 3324 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 1467
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jay D. Livingstone
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act regarding testimony after grant of immunity to a witness.
_______________
PETITION OF:
Name: | District/Address: | Date Added: |
Jay D. Livingstone | 8th Suffolk | 1/16/2015 |
Marian Ryan | District Attorney 15 Commonwealth Avenue Woburn, MA 01801 | 1/16/2015 |
HOUSE DOCKET, NO. 3324 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 1467
By Mr. Livingstone of Boston, a petition (accompanied by bill, House, No. 1467) of Jay D. Livingstone and Marian Ryan relative to instituting contempt proceedings against witnesses who have been granted immunity and refuse to testify. The Judiciary. |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Eighty-Ninth General Court
(2015-2016)
_______________
An Act regarding testimony after grant of immunity to a witness.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 20H of Chapter 233 of the General Laws, as appearing in the 2015 Official Edition, is hereby amended by striking the existing section and replacing it with the following:
Section 20H. If a witness has been granted immunity pursuant to the provisions of section twenty E by a justice of the supreme judicial court, the appeals court, or the superior court, and thereafter refuses to testify or produce evidence after being so ordered by such justice, the attorney general or district attorney shall institute contempt proceedings against such witness in the court where the alleged contempt occurred, and, after hearing or trial, if such witness is adjudged in contempt of court, he shall be punished, if he has attained the age of eighteen, by imprisonment in the state prison or the house of correction for a term not to exceed the maximum penalty for the crime which is the subject of the grand jury investigation or criminal proceeding, or until he complies with the order of the court, whichever occurs first. A witness who has not attained the age of eighteen shall, if found in contempt, be committed to the Department of Youth Services for a period not to exceed one year, or until he complies with the order of the court, whichever occurs first. The rules of practice and procedure relative to criminal appeals as provided by the Massachusetts Rules of Criminal Procedure and the Massachusetts Rules of Appellate Procedure shall apply to appeals under this section.