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1997 SESSION
974240728Be it enacted by the General Assembly of Virginia:
1. That §§ 30-4, 30-6 and 30-7 of the Code of Virginia are amended and reenacted as follows:
§ 30-4. Civil proceedings for or against members or assistants, clerks or sworn deputies or the Lieutenant Governor during session.
Any action, suit or other civil proceeding, either in favor of or against a
member of the General Assembly, or the clerks thereof, or their
assistants, the clerk of the Senate or House or their sworn deputies, the
sergeant-at-arms of the Senate or House, or the Lieutenant Governor, may
be commenced, but shall not, unless by their consent, be prosecuted to final
judgment or decree during the session of the General Assembly. But their
persons shall not be taken into custody or imprisoned under any civil process
In addition, no such person shall be compelled in any civil
proceeding to appear or to answer or respond, in person or in writing, nor
shall any such person be taken into custody or imprisoned during the
session of the General Assembly, or during the fifteen days next before the
beginning or after the ending of any session.
§ 30-6. Privilege of members, clerks, assistants and Lieutenant Governor from arrest.
During the session of the General Assembly, and for five days before and after
the session, a members of the General Assembly, the
clerks thereof and their assistants, the clerks of the Senate
and House and their sworn deputies and the
sergeants-at-arms of the Senate and House shall be
privileged from being taken into custody or imprisoned under any process except
as provided in § 30-7; nor shall such persons for such periods of time be
subject to process as a witness in any case, civil or criminal. The provisions
of this section shall be applicable to the Lieutenant Governor during his
attendance at sessions of the General Assembly and while going to and from such
sessions.
§ 30-7. Members, clerks, assistants, etc., subject to arrest for criminal offenses.
No Any member of the General Assembly
and no clerk thereof or his assistants nor the Lieutenant Governor shall
be privileged from arrest or imprisonment for treason, felony or breach of the
peace or his assistant, the clerk
of the Senate or the House or his sworn deputy,
the sergeant-at-arms of the Senate or the
House, or Lieutenant Governor who is alleged to have
committed a criminal offense as defined in §
18.2-8, shall be subject at any time to be
charged, arrested,
prosecuted and imprisoned for such
offense.
2. That the provisions of this act are declarative of existing law.