52-8.2 - Certain investigations of elected officials; immunity for witnesses. - Virginia Statutes

§ 52-8.2. Certain investigations of elected officials; immunity for witnesses.

A. No investigation of an elected official of the Commonwealth or anypolitical subdivision to determine whether a criminal violation has occurred,is occurring or is about to occur under the provisions of § 52-8.1 shall beinitiated, 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 personwho was at the time of the offense an elected official of the Commonwealth ora political subdivision thereof resulting from an investigation undersubsection A, any witness called by the court or attorney for theCommonwealth and required to give evidence for the prosecution who refuses totestify or produce evidence by expressly invoking his right not toincriminate himself may be compelled to testify or produce evidence by thepresiding judge. A witness who refuses to testify or produce evidence afterbeing ordered to do so by the presiding judge may be held in contempt and maybe incarcerated until the contempt is purged by compliance with the order.When a witness is compelled to testify or produce evidence after expresslyinvoking his right not to incriminate himself, and the presiding judge hasdetermined that the assertion of the right is bona fide, the compelledtestimony, or any information directly or indirectly derived from suchtestimony or other information, shall not be used against the witness in anycriminal proceeding except a prosecution for perjury.

(1977, c. 331; 1991, c. 675.)