In addition to the exemptions made by §§ 30-4, 30-6, 30-7, 30-8, 19.2-280, and 44-97, the following persons shall not be arrested, apprehended, or detained under any civil process during the times respectively herein set forth, but shall not otherwise be privileged from service of civil process by this section:
§ 8.01-327.2.Who are privileged from arrest under civil process.
Chapter 8. Process · Article 5. Privilege from Civil Arrest · Last amended 2015 · Last verified July 16, 2026
In one sentenceSection 8.01-327.2 shields specific people — the President, the Governor, the Lieutenant Governor, members of Congress, judges, jurors, witnesses, National Guard members, ministers, and voters — from arrest under civil process during defined periods, without exempting any of them from ordinary service of civil process.
Full Text of § 8.01-327.2
1. The President of the United States, and the Governor of the Commonwealth at all times during their terms of office;
2. The Lieutenant Governor of the Commonwealth during attendance at sessions of the General Assembly and while going to and from such sessions;
3. Members of either house of the Congress of the United States during the session of Congress and for fifteen days next before the beginning and after the ending of any session, and during any time that they are serving on any committee or performing any other service under an order or request of either house of Congress;
4. A judge, grand juror or witness, required by lawful authority to attend any court or place, during such attendance and while going to and from such court or place;
5. Members of the National Guard while going to, attending at, or returning from, any muster or court-martial;
6. Ministers of the gospel while engaged in performing religious services in a place where a congregation is assembled and while going to and returning from such place; and
7. Voters going to, attending at, or returning from an election. Such privilege shall only be on the days of such attendance.
Plain-English Summary
Section 8.01-327.2 lists who Virginia law shields from civil arrest, and for how long. In addition to exemptions made by several other Code sections, it protects the President of the United States and the Governor of the Commonwealth at all times during their terms of office, the Lieutenant Governor while attending General Assembly sessions and traveling to and from them, and members of Congress during a session and for fifteen days before and after it, as well as while performing service under a Congressional order or request.
The list continues with judges, grand jurors, and witnesses required by lawful authority to attend court, protected during that attendance and while traveling to and from it; National Guard members going to, attending, or returning from a muster or court-martial; ministers of the gospel while performing religious services before an assembled congregation and while traveling to and from that place; and voters going to, attending, or returning from an election, protected only on the days of that attendance.
Every one of these protections covers civil arrest specifically — apprehension or detention — and the section makes a point of saying these individuals are not otherwise privileged from service of civil process. Being immune from arrest is not the same as being immune from being sued or served.
Frequently Asked Questions
Is the Governor ever protected from being served with a lawsuit?
No. This section protects against arrest under civil process, not against service of process — it expressly states these people are not otherwise privileged from service of civil process.
When are members of Congress protected from civil arrest?
During the session and for fifteen days before and after it, and during any time they are performing service under a Congressional order or request.
Are jurors and witnesses protected from civil arrest?
Yes, while required by lawful authority to attend court and while going to and from it.
Are voters protected from civil arrest on election day?
Yes, while going to, attending, or returning from an election, limited to the days of that attendance.
Does this section create the only exemptions from civil arrest in Virginia?
No. It applies in addition to the exemptions made by §§30-4, 30-6, 30-7, 30-8, 19.2-280, and 44-97.
Amendment History
1977, c. 617; 2015, c. 221.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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