2006 Code of Virginia § 19.2-215.9 - Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; acces...

19.2-215.9. Court reporter provided; safekeeping of transcripts, notes,etc.; when disclosure permitted; access to record of testimony and evidence.

A. A court reporter shall be provided for a multi-jurisdiction grand jury torecord, manually or electronically, and transcribe all oral testimony takenbefore a multi-jurisdiction grand jury, but such a reporter shall not bepresent during any stage of its deliberations. Such transcription shallinclude the original or copies of all documents, reports or other evidencepresented to the multi-jurisdiction grand jury. The notes, tapes andtranscriptions of the reporter are for the use of the multi-jurisdictiongrand jury, and the contents thereof shall not be used or divulged by anyoneexcept as provided in this article. After the multi-jurisdiction grand juryhas completed its use of the notes, tapes and transcriptions, the foremanshall cause them to be delivered to the presiding judge.

B. The presiding judge shall cause the notes, tapes and transcriptions orother evidence to be kept safely. Upon motion to the presiding judge, specialcounsel shall be permitted to review any of the evidence which was presentedto the multi-jurisdiction grand jury, and shall be permitted to make notesand to duplicate portions of the evidence as he deems necessary for use in acriminal investigation or proceeding. Special counsel shall maintain thesecrecy of all information obtained from a review or duplication of theevidence presented to the multi-jurisdiction grand jury, except that thisinformation may be disclosed pursuant to the provisions of subdivision 2 of 19.2-215.1. Upon motion to the presiding judge by a person indicted by amulti-jurisdiction grand jury, similar permission to review, note orduplicate evidence shall be extended if it appears that the permission isconsistent with the ends of justice and is necessary to reasonably informsuch person of the nature of the evidence to be presented against him, or toadequately prepare his defense.

C. If any witness who voluntarily testified or produced evidence before themulti-jurisdiction grand jury is prosecuted on the basis of his testimony orthe evidence he produced, or if any witness who was compelled to testify orto produce evidence is prosecuted for perjury on the basis of his testimonyor the evidence he produced before the multi-jurisdiction grand jury, thepresiding judge, on motion of either the Commonwealth or the defendant, shallpermit both the Commonwealth and the defendant access to the testimony of orevidence produced by the defendant before the multi-jurisdiction grand jury.The testimony and the evidence produced by the defendant voluntarily beforethe multi-jurisdiction grand jury shall then be admissible in the trial ofthe criminal offense with which the defendant is charged, for the purpose ofimpeaching the defendant.

(1983, c. 543.)