                                 CODE OF VIRGINIA

SUBPOENA POWER OF SPECIAL GRAND JURY (§ 19.2-208)

The special grand jury may subpoena persons to appear before it to testify and
to produce specified records, papers, and documents or other tangible things,
but before any witness testifies, he shall be warned by the foreman that he need
not answer any questions or produce any evidence that would tend to incriminate
him, and that the witness may have counsel of his own procurement present when
he appears to testify, and at the same time the foreman also shall warn each
witness that he may later be called upon to testify in any case that might grow
out of the investigation and report of the special grand jury.
		A witness who has been called to testify or produce specified records, papers
and documents or other tangible things before a grand jury requested by the
attorney for the Commonwealth, and who refuses to testify or produce specified
records, papers and documents or other tangible things by expressly invoking his
right not to incriminate himself, may be compelled to testify or produce
specified records, papers and documents or other tangible things by the
presiding judge. Such witness who refuses to testify or produce specified
records, papers and documents or other tangible things 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 or the grand jury is
discharged. When a witness is compelled to testify or produce specified records,
papers and documents or other tangible things 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.
		Notwithstanding the provisions of this section, all provisions of this Code
relative to immunity granted to witnesses who testify before a grand jury shall
remain applicable.
		The foreman shall administer the oath prescribed by law for witnesses, and any
member of the special grand jury may examine a witness.

HISTORY: 1975, c. 495; 2001, c. 4; 2003, c. 565.