If in any proceedings before a grand
jury or special inquiry judge, a person refuses, or indicates in
advance a refusal, to testify or provide evidence of any other
kind on the ground that he or she may be incriminated thereby,
and if a public attorney requests the court to order that person
to testify or provide the evidence, the court shall then hold a
hearing and shall so order unless it finds that to do so would be
clearly contrary to the public interest, and that person shall
comply with the order. The hearing shall be subject to the
provisions of RCW 10.27.080 and 10.27.090, unless the witness
shall request that the hearing be public.
If, but for this section, he or she would have been
privileged to withhold the answer given or the evidence produced
by him or her, the witness may not refuse to comply with the
order on the basis of his or her privilege against
self-incrimination; but he or she shall not be prosecuted or
subjected to criminal penalty or forfeiture for or on account of
any transaction, matter, or fact concerning which he or she has
been ordered to testify pursuant to this section. He or she may
nevertheless be prosecuted for failing to comply with the order
to answer, or for perjury or for offering false evidence to the
grand jury.
[2010 c 8 § 1024; 1971 ex.s. c 67 § 13.]