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Code · Virginia · Title 2.2 · Chapter 31

Code of Virginia § 2.2-3121. Advisory opinions.

340 words·~2 min read·/va/title-2-2/chapter-31/2-2-3121·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the opinion or advice.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opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the opinion or advice.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.
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 .
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