A. Except as otherwise provided in this section evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions:
1. A plea of guilty which was later withdrawn;
2. A plea of nolo contendere;
3. Any statement made in the course of any proceedings under state procedure regarding either of the foregoing pleas; or
4. Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty which is later withdrawn.
B. However, such a statement is admissible in:
1. Any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement, as a matter of justice, should be considered contemporaneously with it; or
2. A criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.
Added by Laws 1978, c. 285, § 410, eff. Oct. 1, 1978. Amended by Laws 1991, c. 62, § 3, eff. Sept. 1, 1991.
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