HB1362: Misuse of public assets; penalty.


HOUSE BILL NO. 1362
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 1, 2008)
(Patron Prior to Substitute--Delegate Cline)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-112.1, relating to 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.

HOUSE BILL NO. 1362
Offered January 9, 2008
Prefiled January 9, 2008
A BILL to amend and reenact § 18.2-112 of the Code of Virginia, relating to embezzlement of public or other funds.
Patron-- Cline

Committee Referral Pending

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.