An Act to enhance the availability of immunity to witnesses in the courts of the Commonwealth

Lead Sponsor: Representative Jay D. Livingstone

Impetus
When making a determination whether to prosecute a case and what the evidence will be at trial, the Commonwealth must first assess the availability of necessary witnesses. In some cases, that assessment will depend, in part or entirely, on whether the court has the ability to offer immunity to a witness in exchange for their testimony. Currently, the Massachusetts immunity statute expressly limits the authority to grant immunity to justices of the Superior Court, the Appeals Court, and the Supreme Judicial Court. In the District Court and the Juvenile Court, where justices do not have this authority, cases are impacted when important witnesses may not be called to testify without that grant of immunity. In those cases, juries are denied the ability to consider probative evidence and in some instances the Commonwealth must forego prosecution altogether.

Need

• It is not uncommon in cases prosecuted in the District Court and the Juvenile Court, including in cases of domestic violence, for victims or witnesses to refuse to testify out of fear for their own criminal exposure.
• It is important to ensure that witnesses testifying in our District and Juvenile courts are protected by the same rules of law that apply to witnesses who testify in other courts in Massachusetts.

Legislative Fix

• Amends the statute to authorize District Court and Juvenile Court judges to grant immunity to witnesses.