Committee advances bill aligning state legislative immunity with federal practice for compelled testimony

The Senate Committee on Finance voted to report Senate Bill 34 favorably to the full Senate after committee discussion about immunity for witnesses compelled to testify before legislative bodies.

Senator Huffman, speaking as chair during the discussion, said the bill "aligns state law with current federal rule for congressional testimony," explaining that it removes so-called transactional or blanket immunity and limits protections to testimonial immunity similar to federal practice. "Basically, this bill ... grants them what's called transactional or blanket immunity, and so what this bill does it just aligns state law with current federal rule for congressional testimony which is limited to testimonial immunity," the chair said during the committee's explanation.

Under the bill as described in committee, either house of the legislature or a legislative committee could still compel testimony or production of documents even if that testimony might incriminate the witness; compelled witnesses who testify would have testimonial immunity for the compelled testimony, but the committee explanation noted that separate evidence could still support a later prosecution. The chair emphasized the bill preserves a witness’s right to counsel during legislative proceedings.

Committee members asked clarifying questions about the scope and effect of the change; the chair answered that the measure "still provides immunity for what was provided in the legislative hearing" if the witness is compelled and invokes the Fifth Amendment, but that additional evidence developed outside the compelled testimony could be used in prosecution.

Public testimony was opened and closed with no registered speakers; the committee moved SB 34 to the full Senate with a recommendation that it do pass.