2006 Code of Virginia § 19.2-208 - Subpoena power of special grand jury

19.2-208. Subpoena power of special grand jury.

The special grand jury may subpoena persons to appear before it to testifyand to produce specified records, papers, and documents or other tangiblethings, but before any witness testifies, he shall be warned by the foremanthat he need not answer any questions or produce any evidence that would tendto incriminate him, and that the witness may have counsel of his ownprocurement present when he appears to testify, and at the same time theforeman also shall warn each witness that he may later be called upon totestify in any case that might grow out of the investigation and report ofthe special grand jury.

A witness who has been called to testify or produce specified records, papersand documents or other tangible things before a grand jury requested by theattorney for the Commonwealth, and who refuses to testify or producespecified records, papers and documents or other tangible things by expresslyinvoking his right not to incriminate himself, may be compelled to testify orproduce specified records, papers and documents or other tangible things bythe presiding judge. Such witness who refuses to testify or produce specifiedrecords, papers and documents or other tangible things after being ordered todo so by the presiding judge may be held in contempt and may be incarcerateduntil the contempt is purged by compliance with the order or the grand juryis discharged. When a witness is compelled to testify or produce specifiedrecords, papers and documents or other tangible things 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.

Notwithstanding the provisions of this section, all provisions of this Coderelative to immunity granted to witnesses who testify before a grand juryshall remain applicable.

The foreman shall administer the oath prescribed by law for witnesses, andany member of the special grand jury may examine a witness.

(1975, c. 495; 2001, c. 4; 2003, c. 565.)