Section 26.05.495. Compulsory self-incrimination prohibited.

   (a) A member of the militia may not compel a person to make a self-incriminating statement or to answer a question if the answer may incriminate the person.
   (b) A member of the militia may not interrogate or request a statement from a person suspected of an offense under this chapter without first informing the person of the nature of the accusation and advising the person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.
   (c) A member of the militia may not compel a person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue before the court and may tend to degrade the person.
   (d) A statement obtained from a person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may not be admitted into evidence against the person in a trial by court-martial.

Notes

History

(Sec. 4 ch 55 SLA 2016)