COMMENT UPON OR INFERENCE FROM CLAIM OF

PRIVILEGE IN CRIMINAL CASES; INSTRUCTION (a) Comment or inference not permitted. The claim of a privilege is not a proper subject of comment by either a judge or counsel in a criminal case, regardless of whether the privilege was claimed in the present proceeding or on a prior occasion. The fact finder may not draw any inference from the claim of privilege. 32 (b) Claiming privilege outside the hearing of the jury. In criminal jury trials, proceedings shall be conducted, to the extent practicable, so as to allow privilege claims to be made outside of the hearing of the jury. (c) Jury instruction. Unless waived, any criminal defendant who has claimed a privilege is entitled to an instruction that no inference may be drawn from the claim of privilege.