HB179 Alabama 2014 Session

Summary

Primary Sponsor

Mike Ball

Republican

Session

Regular Session 2014

Title

Criminal witness immunity, conferral of if a person refuses to testify under privilege of self-incrimination, penalties for failure to testify, immunity conferred for certain testimony in grand jury proceedings, Secs. 12-21-228, 12-21-229 added

Summary

HB179 creates a witness safe harbor by allowing courts to compel testimony from witnesses who invoke self-incrimination, granting immunity, and permitting prosecutors to grant immunity to grand jury witnesses with contempt penalties for noncompliance.

What This Bill Does

The bill lets the Attorney General or a district attorney ask a court to force a material witness to testify when they invoke self-incrimination, with immunity from related offenses. If the witness does not comply, they can be held in contempt. It also lets prosecutors grant transactional or use-and-derivative-use immunity to grand jury witnesses, with rules about how such testimony can be used in prosecutions. No one may be compelled to testify if they are a defendant, and contempt can result from failing to testify after immunity has been granted.

Who It Affects

• Material witnesses in criminal trials or hearings who may be compelled to testify and receive immunity from prosecuted offenses related to their testimony
• Witnesses called before grand juries and the prosecutors (Attorney General or district attorneys) who grant immunity and enforce contempt penalties for noncompliance

Key Provisions

• Adds Sections 12-21-228 and 12-21-229 to authorize courts to compel testimony from material witnesses and grant them immunity from offenses related to the testimony
• Immunity covers offenses subject to the trial, related or lesser included offenses, and other crimes that may flow from the testimony, with exceptions (e.g., perjury); refusal to testify under immunity is contempt
• Prosecutors may grant transactional immunity or use and derivative-use immunity to grand jury witnesses; transactional immunity protects against prosecution for crimes covered by immunity, while use-and-derivative-use immunity prevents using the witness's testimony or derived evidence against them (with a suppression mechanism requiring the state to prove independent evidence)
• Defendants cannot be compelled to testify; failure to testify after immunity in a grand jury proceeding can result in contempt
• The bill notes a local-funds expenditure impact but claims an exemption under Amendment 621 because it creates or amends a crime

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses