(a) Testimonial immunity is an aspect of legislative immunity that protects a legislator from questioning elsewhere than in the legislative forum.
(b) When a legislator has been improperly questioned before a grand jury concerning legislative acts, the counts in a criminal indictment that are based on the testimony must be dismissed.
(c) When a legislator is found to be immune from a civil complaint, the relief to be granted is to have the complaint dismissed or to have a writ of prohibition issued to stop further proceedings.
(d) In the case of a subpoena that seeks to improperly question a legislator's conduct as to legislative acts, to depose a legislator or to seek disclosure as to any matters pertaining to the memoranda, documents or actions by a legislator which are or were in connection with the legislative process, the subpoenas may be quashed or the court may grant a motion for a protective order.
Structure West Virginia Code
Article 1A. Legislative Immunity
§4-1A-1. Purpose; Legislative Findings and Declarations
§4-1A-2. Applicability of Definitions
§4-1A-3. Legislative Act Defined
§4-1A-4. Legislative Sphere Defined
§4-1A-5. Political Act Defined
§4-1A-6. Scope of Legislative Immunity Generally
§4-1A-7. Legislative Immunity in Specific Instances
§4-1A-8. Actions Taken Without Lawful Authority Are Not Immune
§4-1A-9. Political Acts Are Not Privileged
§4-1A-10. Administrative Acts Are Not Immune
§4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited
§4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants
§4-1A-13. Legislative Immunity From Ultimate Relief
§4-1A-14. Testimonial Immunity
§4-1A-15. Right to Interlocutory Appeal
§4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article