Grand jury; waiver of immunity

§ 190.45 Grand jury; waiver of immunity.\n 1. A waiver of immunity is a written instrument subscribed by a\nperson who is or is about to become a witness in a grand jury\nproceeding, stipulating that he waives his privilege against\nself-incrimination and any possible or prospective immunity to which he\nwould otherwise become entitled, pursuant to section 190.40, as a result\nof giving evidence in such proceeding.\n 2. A waiver of immunity is not effective unless and until it is sworn\nto before the grand jury conducting the proceeding in which the\nsubscriber has been called as a witness.\n 3. A person who is called by the people as a witness in a grand jury\nproceeding and requested by the district attorney to subscribe and swear\nto a waiver of immunity before giving evidence has a right to confer\nwith counsel before deciding whether he will comply with such request,\nand, if he desires to avail himself of such right, he must be accorded a\nreasonable time in which to obtain and confer with counsel for such\npurpose. The district attorney must inform the witness of all such\nrights before obtaining his execution of such a waiver of immunity. Any\nwaiver obtained, subscribed or sworn to in violation of the provisions\nof this subdivision is invalid and ineffective.\n 4. If a grand jury witness subscribes and swears to a waiver of\nimmunity upon a written agreement with the district attorney that the\ninterrogation will be limited to certain specified subjects, matters or\nareas of conduct, and if after the commencement of his testimony he is\ninterrogated and testifies concerning another subject, matter or area of\nconduct not included in such written agreement, he receives immunity\nwith respect to any further testimony which he may give concerning such\nother subject, matter or area of conduct and the waiver of immunity is\nto that extent ineffective.\n