SECTIONS 1105-1106 - California Statutes

WATER CODE

SECTION 1105-1106

1105. (a) Except as provided in subdivision (c), no person shall be
excused from testifying or from producing any evidence in any
investigation or inquiry by or hearing before the board upon the
ground that the testimony or evidence required of him or her may tend
to incriminate him or her or subject him or her to any penalty.
(b) The board may grant immunity to any person who is compelled to
testify or to produce documentary evidence before the board and who
invokes the privilege against self-incrimination.
(c) If the board does not grant immunity after a person invokes
the privilege against self-incrimination, the board shall excuse the
person from giving any testimony or producing any evidence to which
the privilege against self-incrimination applies, and the board shall
dismiss, continue, or limit the scope of the proceedings as
necessary to ensure that the unavailability of the testimony or
evidence does not deny due process of law to any party.

1106. No person who is granted immunity under subdivision (b) of
Section 1105 shall be criminally prosecuted or be subjected to any
criminal penalty for or on account of any act, transaction, matter,
or thing material to the matter under investigation by the board
concerning which he or she has been compelled as a witness to testify
or to produce documentary evidence pursuant to the granting of
immunity; but no person so testifying or producing shall be exempt
from prosecution and punishment for any perjury committed by him or
her in that testimony.