                                 CODE OF VIRGINIA

ADVISORY OPINIONS (§ 2.2-3121)

A. A state officer or employee shall not be prosecuted for a knowing violation
of this chapter if the alleged violation resulted from his good faith reliance
on a written opinion of the Attorney General or a formal opinion or written
informal advice of the Council made in response to his written request for such
opinion or advice and the opinion or advice was made after a full disclosure of
the facts regardless of whether such opinion or advice is later withdrawn
provided the alleged violation occurred prior to the withdrawal of the opinion
or advice.

B. A local officer or employee shall not be prosecuted for a knowing violation
of this chapter if the alleged violation resulted from his good faith reliance
on a written opinion of the attorney for the Commonwealth or a formal opinion or
written informal advice of the Council made in response to his written request
for such opinion or advice and the opinion or advice was made after a full
disclosure of the facts regardless of whether such opinion or advice is later
withdrawn, provided that the alleged violation occurred prior to the withdrawal
of the opinion or advice. The written opinion of the attorney for the
Commonwealth shall be a public record and shall be released upon request.

C. If any officer or employee serving at the local level of government is
charged with a knowing violation of this chapter, and the alleged violation
resulted from his reliance upon a written opinion of his county, city, or town
attorney, made after a full disclosure of the facts, that such action was not in
violation of this chapter, then the officer or employee shall have the right to
introduce a copy of the opinion at his trial as evidence that he did not
knowingly violate this chapter.

HISTORY: 1987, Sp. Sess., c. 1, § 2.1-639.18; 2001, c. 844; 2003, c. 694; 2014,
cc. 792, 804; 2015, cc. 763, 777; 2016, c. 665; 2017, cc. 829, 832.