HB1362: Misuse of public assets; penalty.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-112.1 as follows:
§ 18.2-112.1. Misuse of public assets; penalty.
A. For purposes of this section, “public assets” means personal property or services belonging to or paid for by the Commonwealth, or any city, town, county, or any other political subdivision.
B. Any officer, agent, or employee of the Commonwealth, or of any city, town, county, or any other political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-112 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-112. Embezzlement by officers, etc., of public or other funds; default in paying over funds evidence of guilt.
A. If any Any
officer, agent or employee of the Commonwealth or of any city, town, county, or
any other political subdivision, or the deputy of any such officer having
custody or control of public funds, public
assets, or other funds coming into his custody or control under
his official capacity, who knowingly misusemisuses
or misappropriatemisappropriates
the same or knowingly disposedisposes
thereof otherwise than in accordance with law, he shall be is
guilty of a Class 4 felony; and any. Any
default of such officer, agent, employee or deputy in paying over any such
funds to the proper authorities when required by law to do so shall be deemed
prima facie evidence of his guilt.
B. For the purposes of this section, "public assets" shall include, but not be limited to, accounts, documents, resources, equipment, records, materials, vouchers, property, personnel resources, services, money, or anything of value belonging or owed to the Commonwealth, to any city, town or county, or to any other political subdivision.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.