Chapter 9: Witnesses · Last amended June 1, 1957 · Last verified August 3, 2026
In one sentenceSection 412 lets a legislative committee grant a witness immunity by two-thirds vote after the witness claims the privilege against self-incrimination, but only with a court order compelling testimony, prior notice to the Attorney General, and the court's approval.
Full Text of § 412
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In the case of proceedings before a committee that two-thirds (2/3) of the members of the full committee shall by affirmative vote have authorized such witness, to be granted immunity under this act with respect to the transactions, matters or things concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence by direction of the presiding officer and that an order of the district or superior court for the county wherein the inquiry is being carried on has been entered into the record requiring said person to testify or produce evidence. Such an order may be issued by a district or superior court judge upon application by a duly authorized representative of the House of Representatives or Senate or of the committee concerned. Neither house nor any committee thereof nor any joint committee of the two houses of the Legislature shall grant immunity to any witness without first having notified the Attorney General of the State of Oklahoma of such action and thereafter having secured the approval of the district or superior court for the county wherein the inquiry is being held. The Attorney General of the State of Oklahoma shall be notified of the time of each proposed application to the district or superior court and shall be given an opportunity to be heard with respect thereto prior to the entrance into the record of the order of the district or superior court. No witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.
This section fills in how legislative witness immunity gets granted. Two-thirds of a committee's full membership must vote affirmatively to grant immunity to a witness who, after claiming the privilege against self-incrimination, is compelled to testify or produce evidence by the presiding officer's direction. That immunity also depends on a district or superior court order, entered into the record for the county where the inquiry is happening, requiring the person to testify or produce evidence, issued on application by an authorized representative of the chamber or committee involved.
Before any house or committee grants immunity, it must notify the Attorney General and secure the district or superior court's approval; the Attorney General must be told the time of the proposed court application and given a chance to be heard before the court's order goes on the record. None of this exempts a witness from prosecution for perjury or contempt committed while testifying or producing evidence under compulsion.
Frequently Asked Questions
How much of a legislative committee has to agree before a witness gets immunity?
Two-thirds of the full committee membership, by affirmative vote.
Does a committee need a court order to compel a witness who claims the privilege against self-incrimination?
Yes. A district or superior court must enter an order into the record requiring the person to testify or produce evidence.
Does the Attorney General have any role in granting legislative witness immunity?
Yes. The Legislature must notify the Attorney General before granting immunity and give the Attorney General a chance to be heard before the court enters its order.
Can an immunized witness still be prosecuted for anything related to their testimony?
Yes, for perjury or contempt committed while testifying or producing evidence under compulsion.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:legislative committee grant immunity procedure oklahomatwo thirds vote committee immunitycourt order compel testimony legislature oklahoma