Sec. 106-2.5. Use immunity.

323 words·~1 min read·/il/chapter-725/act-5/106-2-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In lieu of the immunity provided in Section 106-2 of this Code, the State's Attorney may make application to the court that a street gang member, who testifies on behalf of a public authority in a civil proceeding brought against a streetgang under the Illinois Streetgang Terrorism Omnibus Prevention Act, be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence by the streetgang member. The court shall grant the order of immunity if:

(1)the production of the evidence is necessary to a fair determination of a cause of

action under the Illinois Streetgang Terrorism Omnibus Prevention Act; and

(2)the streetgang member has refused or is likely to refuse to produce the evidence on

the basis of his or her privilege against self-incrimination.

(b)In lieu of the immunity provided in Section 106-2 of this Code, in any investigation before a Grand Jury, or trial in any court, the court on motion of the State shall order that a witness be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence from the witness if the witness has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.

(c)The production of evidence so compelled under the order, and any information directly or indirectly derived from it, may not be used against the witness in a criminal case, except in a prosecution for perjury, false swearing, or an offense otherwise involving a failure to comply with the order. An order of immunity granted under this Section does not bar prosecution of the witness, except as specifically provided in this Section.

(d)Upon request of the witness so compelled, a copy of the evidence produced under the order shall be furnished to him or her.