§ 61-3-8 Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.

SD Codified L § 61-3-8 (2019) (N/A)

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61-3-8. Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege. No person may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Department of Labor and Regulation or in obedience to the subpoena of the secretary or any duly authorized representative of the secretary in any cause or proceeding before the department, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, no person may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the person so testifying is not exempt from prosecution and punishment for perjury committed in so testifying.

Source: SL 1936 (SS), ch 3, § 11 (j); SDC 1939, § 17.0816; SL 2008, ch 277, § 53; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

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§ 61-3-9 Disobedience of departmental subpoena--Misdemeanor--Separate offenses.