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2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-271 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-271. Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section).
No judge shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties.
No Except as otherwise provided in this section, no clerk
of any court, magistrate, or other person having the power to issue warrants,
shall be competent to testify in any criminal or civil proceeding, except
proceedings wherein the defendant is charged with perjury, as to any matter
which came before him in the course of his official duties. Such person shall
be competent to testify in any criminal proceeding wherein the defendant is
charged with perjury or pursuant to the provisions of § 18.2-460 or in
any proceeding authorized pursuant to § 19.2-353.3. Notwithstanding any other
provision of this section, any judge, clerk of any court, magistrate, or other
person having the power to issue warrants, who is the victim of a crime, shall
not be incompetent solely because of his office to testify in any criminal or
civil proceeding arising out of the crime.