CODE OF VIRGINIA

CERTAIN INVESTIGATIONS OF ELECTED OFFICIALS; IMMUNITY FOR WITNESSES (§ 52-8.2)

A. No investigation of an elected official of the Commonwealth or any political
subdivision to determine whether a criminal violation has occurred, is occurring
or is about to occur under the provisions of § 52-8.1 shall be initiated,
undertaken or continued except upon the request of the Governor, Attorney
General or a grand jury.

B. In any grand jury proceeding or criminal prosecution involving a person who
was at the time of the offense an elected official of the Commonwealth or a
political subdivision thereof resulting from an investigation under subsection
A, any witness called by the court or attorney for the Commonwealth and required
to give evidence for the prosecution who refuses to testify or produce evidence
by expressly invoking his right not to incriminate himself may be compelled to
testify or produce evidence by the presiding judge. A witness who refuses to
testify or produce evidence after being ordered to do so by the presiding judge
may be held in contempt and may be incarcerated until the contempt is purged by
compliance with the order.  When a witness is compelled to testify or produce
evidence after expressly invoking his right not to incriminate himself, and the
presiding judge has determined that the assertion of the right is bona fide, the
compelled testimony, or any information directly or indirectly derived from such
testimony or other information, shall not be used against the witness in any
criminal proceeding except a prosecution for perjury.

HISTORY: 1977, c. 331; 1991, c. 675.