2006 Code of Virginia § 8.01-216.17 - Civil investigative demands; custodian of documents; answers

8.01-216.17. Civil investigative demands; custodian of documents; answers.

A. The Attorney General shall serve as custodian of documentary material,answers to interrogatories, and transcripts of oral testimony received underthis article.

B. An investigator who receives any documentary material, answers tointerrogatories, or transcripts of oral testimony under this section shalltransmit them to the Attorney General. The Attorney General shall takephysical possession of such material, answers, or transcripts and shall beresponsible for the use made of them and for the return of documentarymaterial.

C. The Attorney General may cause the preparation of such copies ofdocumentary material, answers to interrogatories, or transcripts of oraltestimony as may be required for official use by any investigator, or otherofficer or employee of the Attorney General or employee of the Department ofState Police, who is authorized for such use by the Attorney General. Suchmaterial, answers, and transcripts may be used by any authorized investigatoror other officer or employee in connection with the taking of oral testimonyunder this article.

D. Except as otherwise provided in this section, no documentary material,answers to interrogatories, or transcripts of oral testimony, or copiesthereof, while in the possession of the Attorney General, shall be availablefor examination by any individual other than an investigator or other officeror employee of the Attorney General or employee of the Department of StatePolice authorized by the Attorney General. The prohibition on theavailability of material, answers, or transcripts shall not apply if consentis given by the person who produced such material, answers, or transcripts,or, in the case of any product of discovery produced pursuant to an expressdemand for such material, consent is given by the person from whom thediscovery was obtained. Nothing in this subsection is intended to preventdisclosure to the General Assembly, including any committee or subcommitteeof the General Assembly, or to any other state agency for use by such agencyin furtherance of its statutory responsibilities. Disclosure of informationto any such other agency shall be allowed only upon application, made by theAttorney General to a circuit court, showing substantial need for the use ofthe information by such agency in furtherance of its statutoryresponsibilities.

E. While in the possession of the Attorney General and under such reasonableterms and conditions as the Attorney General shall prescribe, (i) documentarymaterial and answers to interrogatories shall be available for examination bythe person who produced such material or answers, or by a representative ofthat person authorized by that person to examine such material and answers,and (ii) transcripts of oral testimony shall be available for examination bythe person who produced such testimony or by a representative of that personauthorized by that person to examine such transcripts.

F. Any attorney employed by the Office of the Attorney General designated toappear before any court, grand jury, or state agency in any case orproceeding may use any documentary material, answers to interrogatories, ortranscripts of oral testimony in connection with any such case or proceedingas such attorney determines to be required. Upon the completion of any suchcase or proceeding, such attorney shall return to the custodian any suchmaterial, answers, or transcripts so delivered that have not passed into thecontrol of the court, grand jury, or agency through introduction into therecord of such case or proceeding.

G. If any documentary material has been produced by any person in the courseof any investigation pursuant to a civil investigative demand under thisarticle, and (i) any case or proceeding before the court or grand juryarising out of such investigation, or any proceeding before any state agencyinvolving such material, has been completed, or (ii) no case or proceeding inwhich such material may be used has been commenced within a reasonable timeafter completion of the examination and analysis of all documentary materialand other information assembled in the course of such investigation, theAttorney General shall, upon written request of the person who produced suchmaterial, return to such person any material, other than copies furnished tothe investigator, or made for the Attorney General that has not passed intothe control of any court, grand jury, or agency through introduction into therecord of such case or proceeding.

(2002, c. 842.)