{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/52-8.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/52-8.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/52-8.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/52-8.2.html"}],"law_id":63803,"edition_id":1,"section_id":63803,"structure_id":12842,"section_number":"52-8.2","catch_line":"Certain investigations of elected officials; immunity for witnesses","history":"1977, c. 331; 1991, c. 675.","full_text":"A\n\nNo investigation of an elected official of the Commonwealth or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General or a grand jury.B\n\nIn any grand jury proceeding or criminal prosecution involving a person who was at the time of the offense an elected official of the Commonwealth or a political subdivision thereof resulting from an investigation under subsection A, any witness called by the court or attorney for the Commonwealth and required to give evidence for the prosecution who refuses to testify or produce evidence by expressly invoking his right not to incriminate himself may be compelled to testify or produce evidence by the presiding judge. A witness who refuses to testify or produce evidence after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order. When a witness is compelled to testify or produce evidence after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.","order_by":null,"text":{"0":{"id":232480,"text":"No investigation of an elected official of the Commonwealth or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General or a grand jury.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232481,"text":"In any grand jury proceeding or criminal prosecution involving a person who was at the time of the offense an elected official of the Commonwealth or a political subdivision thereof resulting from an investigation under subsection A, any witness called by the court or attorney for the Commonwealth and required to give evidence for the prosecution who refuses to testify or produce evidence by expressly invoking his right not to incriminate himself may be compelled to testify or produce evidence by the presiding judge. A witness who refuses to testify or produce evidence after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order. When a witness is compelled to testify or produce evidence after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12842,"edition_id":1,"name":"Department of State Police","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12841,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":237129,"object_type":"structure","relational_id":12842,"identifier":"1","token":"52\/1","url":"\/52\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12841,"edition_id":1,"name":"Police (State)","identifier":"52","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":237127,"object_type":"structure","relational_id":12841,"identifier":"52","token":"52","url":"\/52\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53988,"structure_id":12842,"section_number":"52-1","catch_line":"Establishment of Department headed by Superintendent; Bureau of Criminal Investigation and division of drug law enforcement and investigation within Department","url":"\/52-1\/","token":"52\/1\/52-1","metadata":false},{"id":78435,"structure_id":12842,"section_number":"52-10","catch_line":"Fees and rewards","url":"\/52-10\/","token":"52\/1\/52-10","metadata":false},{"id":58622,"structure_id":12842,"section_number":"52-11","catch_line":"Defense of police officers","url":"\/52-11\/","token":"52\/1\/52-11","metadata":false},{"id":62756,"structure_id":12842,"section_number":"52-11.1","catch_line":"State Health Commissioner to cooperate","url":"\/52-11.1\/","token":"52\/1\/52-11.1","metadata":false},{"id":54720,"structure_id":12842,"section_number":"52-11.2","catch_line":"Services of State Police in areas of counties that have merged, consolidated or been annexed into cities","url":"\/52-11.2\/","token":"52\/1\/52-11.2","metadata":false},{"id":71329,"structure_id":12842,"section_number":"52-11.3","catch_line":"Acquisition of military property","url":"\/52-11.3\/","token":"52\/1\/52-11.3","metadata":false},{"id":85646,"structure_id":12842,"section_number":"52-11.4","catch_line":"Disposal of unclaimed property in the possession of State Police; exemption from the Virginia Disposition of Unclaimed Property Act","url":"\/52-11.4\/","token":"52\/1\/52-11.4","metadata":false},{"id":69293,"structure_id":12842,"section_number":"52-11.5","catch_line":"Disposal of unclaimed firearms or other weapons in possession of the State Police","url":"\/52-11.5\/","token":"52\/1\/52-11.5","metadata":false},{"id":85896,"structure_id":12842,"section_number":"52-11.6","catch_line":"Arrest or summons quota prohibited","url":"\/52-11.6\/","token":"52\/1\/52-11.6","metadata":false},{"id":84651,"structure_id":12842,"section_number":"52-2","catch_line":"Appointment of Superintendent and term of office","url":"\/52-2\/","token":"52\/1\/52-2","metadata":false},{"id":67155,"structure_id":12842,"section_number":"52-3","catch_line":"Oath, bond, and salary of Superintendent","url":"\/52-3\/","token":"52\/1\/52-3","metadata":false},{"id":69512,"structure_id":12842,"section_number":"52-4","catch_line":"Functions of Department","url":"\/52-4\/","token":"52\/1\/52-4","metadata":false},{"id":66390,"structure_id":12842,"section_number":"52-4.1","catch_line":"Repealed","url":"\/52-4.1\/","token":"52\/1\/52-4.1","metadata":false},{"id":70719,"structure_id":12842,"section_number":"52-4.2","catch_line":"Department of Motor Vehicles to publish statistical information, and conduct research and experiments; copies to be furnished by Department to Commonwealth's attorneys","url":"\/52-4.2\/","token":"52\/1\/52-4.2","metadata":false},{"id":66900,"structure_id":12842,"section_number":"52-4.3","catch_line":"Drug Investigation Special Trust Account","url":"\/52-4.3\/","token":"52\/1\/52-4.3","metadata":false},{"id":86808,"structure_id":12842,"section_number":"52-4.4","catch_line":"Duties relating to criminal history record information checks required by licensed firearms dealers","url":"\/52-4.4\/","token":"52\/1\/52-4.4","metadata":false},{"id":62142,"structure_id":12842,"section_number":"52-4.5","catch_line":"(Effective until July 1, 2026) Facial recognition technology; authorized uses; Department to establish a State Police Model Facial Recognition Technology Policy; penalty","url":"\/52-4.5\/","token":"52\/1\/52-4.5","metadata":false},{"id":80206,"structure_id":12842,"section_number":"52-5","catch_line":"Repealed","url":"\/52-5\/","token":"52\/1\/52-5","metadata":false},{"id":74557,"structure_id":12842,"section_number":"52-6","catch_line":"Appointment of additional police officers","url":"\/52-6\/","token":"52\/1\/52-6","metadata":false},{"id":60004,"structure_id":12842,"section_number":"52-6.1","catch_line":"Appointment of supervisory officers","url":"\/52-6.1\/","token":"52\/1\/52-6.1","metadata":false},{"id":72935,"structure_id":12842,"section_number":"52-7","catch_line":"Bonds of police officers; liability insurance policies","url":"\/52-7\/","token":"52\/1\/52-7","metadata":false},{"id":55301,"structure_id":12842,"section_number":"52-8","catch_line":"Powers and duties to enforce criminal laws and investigate aircraft accidents","url":"\/52-8\/","token":"52\/1\/52-8","metadata":false},{"id":84077,"structure_id":12842,"section_number":"52-8.1","catch_line":"Powers and duties of Bureau of Criminal Investigation","url":"\/52-8.1\/","token":"52\/1\/52-8.1","metadata":false},{"id":76643,"structure_id":12842,"section_number":"52-8.1:1","catch_line":"Powers and duties of a drug law enforcement and investigation division","url":"\/52-8.1_1\/","token":"52\/1\/52-8.1_1","metadata":false},{"id":63803,"structure_id":12842,"section_number":"52-8.2","catch_line":"Certain investigations of elected officials; immunity for witnesses","url":"\/52-8.2\/","token":"52\/1\/52-8.2","metadata":false},{"id":75655,"structure_id":12842,"section_number":"52-8.3","catch_line":"Disclosure of criminal investigative records and reports; 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acknowledgments and affidavits; summoning witnesses in certain cases","url":"\/52-9\/","token":"52\/1\/52-9","metadata":false},{"id":61863,"structure_id":12842,"section_number":"52-9.1","catch_line":"Distinctive uniform to be adopted for State police officers","url":"\/52-9.1\/","token":"52\/1\/52-9.1","metadata":false},{"id":84664,"structure_id":12842,"section_number":"52-9.1:1","catch_line":"Retired and former law-enforcement officers; retention of badge","url":"\/52-9.1_1\/","token":"52\/1\/52-9.1_1","metadata":false},{"id":80886,"structure_id":12842,"section_number":"52-9.2","catch_line":"Wearing of same or similar uniforms by other persons","url":"\/52-9.2\/","token":"52\/1\/52-9.2","metadata":false}],"previous_section":{"id":76643,"structure_id":12842,"section_number":"52-8.1:1","catch_line":"Powers and duties of a drug law enforcement and investigation division","url":"\/52-8.1_1\/","token":"52\/1\/52-8.1_1","metadata":false},"next_section":{"id":75655,"structure_id":12842,"section_number":"52-8.3","catch_line":"Disclosure of criminal investigative records and reports; penalty","url":"\/52-8.3\/","token":"52\/1\/52-8.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/52-8.2\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 331 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1991, chapter 675.<\/p>","references":[{"id":74953,"section_number":"30-138","catch_line":"State agencies, courts, and local constitutional officers to report certain fraudulent transactions; penalty","order_by":null,"url":"\/30-138\/"},{"id":82197,"section_number":"52-9","catch_line":"Administration of oaths; acknowledgments and affidavits; summoning witnesses in certain cases","order_by":null,"url":"\/52-9\/"}],"refers_to":[{"id":84077,"section_number":"52-8.1","catch_line":"Powers and duties of Bureau of Criminal Investigation","order_by":null,"url":"\/52-8.1\/"}],"permalink":{"id":237227,"object_type":"law","relational_id":63803,"identifier":"52-8.2","token":"52\/1\/52-8.2","url":"\/52-8.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/52-8.2\/","token":"52\/1\/52-8.2","dublin_core":{"Title":"Certain investigations of elected officials; immunity for witnesses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 52-8.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No investigation of an elected official of the Commonwealth or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of § 52-8.1<\/a> shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General<\/span> or a grand jury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any grand jury<\/span> proceeding or criminal prosecution<\/span> involving a person who was at the time of the offense<\/span> an elected official of the Commonwealth or a political subdivision thereof resulting from an investigation under subsection A, any witness<\/span> called by the court<\/span> or attorney for the Commonwealth and required to give evidence<\/span> for the prosecution<\/span> who refuses to testify or produce evidence<\/span> by expressly invoking his right not to incriminate<\/span> himself may be compelled to testify or produce evidence<\/span> by the presiding judge<\/span>. A witness<\/span> who refuses to testify or produce evidence<\/span> after being ordered to do so by the presiding judge<\/span> may be held in contempt<\/span> and may be incarcerated until the contempt<\/span> is purged by compliance with the order<\/span>. When a witness<\/span> is compelled to testify or produce evidence<\/span> after expressly invoking his right not to incriminate<\/span> himself, and the presiding judge<\/span> has determined that the assertion of the right is bona fide, the compelled testimony<\/span>, or any information directly or indirectly derived from such testimony<\/span> or other information, shall not be used against the witness<\/span> in any criminal proceeding except a prosecution<\/span> for perjury<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN INVESTIGATIONS OF ELECTED OFFICIALS; IMMUNITY FOR WITNESSES (\u00a7 52-8.2)\n\nA. No investigation of an elected official of the Commonwealth or any political\nsubdivision to determine whether a criminal violation has occurred, is occurring\nor is about to occur under the provisions of § 52-8.1 shall be initiated,\nundertaken or continued except upon the request of the Governor, Attorney\nGeneral or a grand jury.\n\nB. In any grand jury proceeding or criminal prosecution involving a person who\nwas at the time of the offense an elected official of the Commonwealth or a\npolitical subdivision thereof resulting from an investigation under subsection\nA, any witness called by the court or attorney for the Commonwealth and required\nto give evidence for the prosecution who refuses to testify or produce evidence\nby expressly invoking his right not to incriminate himself may be compelled to\ntestify or produce evidence by the presiding judge. A witness who refuses to\ntestify or produce evidence after being ordered to do so by the presiding judge\nmay be held in contempt and may be incarcerated until the contempt is purged by\ncompliance with the order. When a witness is compelled to testify or produce\nevidence after expressly invoking his right not to incriminate himself, and the\npresiding judge has determined that the assertion of the right is bona fide, the\ncompelled testimony, or any information directly or indirectly derived from such\ntestimony or other information, shall not be used against the witness in any\ncriminal proceeding except a prosecution for perjury.\n\nHISTORY: 1977, c. 331; 1991, c. 675.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}