2.2-3121 - Advisory opinions. - Virginia Statutes

§ 2.2-3121. Advisory opinions.

A. A state officer or employee shall not be prosecuted for a knowingviolation of this chapter if the alleged violation resulted from his goodfaith reliance on a written opinion of the Attorney General made in responseto his written request for such opinion and the opinion was made after a fulldisclosure of the facts.

B. A local officer or employee shall not be prosecuted for a knowingviolation of this chapter if the alleged violation resulted from his goodfaith reliance on a written opinion of the attorney for the Commonwealth madein response to his written request for such opinion and the opinion was madeafter a full disclosure of the facts. The written opinion shall be a publicrecord and shall be released upon request.

C. If any officer or employee serving at the local level of government ischarged with a knowing violation of this chapter, and the alleged violationresulted from his reliance upon a written opinion of his city, county or townattorney, made after a full disclosure of the facts, that such action was notin violation of this chapter, then the officer or employee shall have theright to introduce a copy of the opinion at his trial as evidence that he didnot knowingly violate this chapter.

(1987, Sp. Sess., c. 1, § 2.1-639.18; 2001, c. 844; 2003, c. 694.)