767A.9 Knowingly making false statement as perjury; penalty; neglect or refusal to comply with subpoena as contempt; determination that witness has purged himself or hers

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767A.9 Knowingly making false statement as perjury; penalty; neglect or refusal to comply with subpoena as contempt; determination that witness has purged himself or herself of contempt; commutation of sentence.

Sec. 9.

(1)A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows:

(a)Except as provided in subdivision (b), by imprisonment for not more than 15 years.

(b)If the false statement was made during the investigation of a crime punishable by imprisonment for life, by imprisonment for life or for any term of years.

(2)A person who neglects or refuses to comply with an investigative subpoena in violation of a court order is guilty of contempt punishable by imprisonment for not more than 1 year or by a fine of not more than $10,000.00, or both. If the witness appears before the court to purge himself or herself of that contempt, he or she shall be allowed to appear before the prosecuting attorney to answer any proper question concerning the matter under investigation, and after the witness appears before the prosecuting attorney, upon transcript of the testimony, the witness shall be brought before the court and after examination, the court shall determine whether the witness has purged himself or herself of the contempt. The court shall commute the sentence if the court finds the witness has purged himself or herself of that contempt.

History: Add. 1995, Act 148, Eff. Oct. 1, 1995