CHAPTER 606

AN ACT to amend the Code of Virginia by adding sections numbered
18-239.1 and 18-239.2, to prohibit testifying under oath on separate
occasions in a conflicting manner as to the same matter or thing; to
provide how a person charged therewith may be indicted; to provide
what evidence shall be necessary to sustain a conviction; to prohibit
inducing another to give false testimony under oath; to give immunity
to certain witnesses for the Commonwealth from prosecution for cer-
tain offenses; and to prescribe penalties for violations. 3 269]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia: .

1. That the Code of Virginia be amended by adding sections numbered
18-239.1 and 18-239.2, as follows: ; .

§ 18-239.1. It shall likewise constitute perjury for any person, with
the intent to testify falsely, to knowingly give testimony under oath as
to any material matter or thing and subsequently to give conflicting testi-
mony under oath as to the same matter or thing. In any indictment for
such perjury, it shall be sufficient to allege the offense by stating that the
person charged therewith did, knowingly and with the intent to testify
falsely, on one occasion give testimony upon a certain matter and, on a
subsequent occasion, gave different testimony upon the same matter.
Upon the trial on such indictment, it shall be sufficient to prove that the
defendant, knowingly and with the intent to testify falsely, gave such
differing testimony and that the differing testimony was given on two
separate occasions.

§ 18-239.2. If any person procure or induce another to give false testi-
mony under oath in violation of § 18-238 or of § 18-239.1, he shall be pun-
ished as prescribed in §§ 18-238 and 18-239.

In any prosecution under this section, it shall be sufficient to prove that
the person alleged to have given false testimony shall have been procured,
induced, counselled or advised to give such testimony by the party charged.
No witness called by the attorney for the Commonwealth, or by the court,
and required to give evidence for the prosecution in a proceeding under this
section shall ever be proceeded against for any offense under §§ 18-237,
18-238 or 18-239.1. Such witness shall be compelled to testify and may be
punished for contempt for refusing to do so.