HB1741: Housing assistance program; failure to disclose material facts in order to obtain aid or benefits.

HOUSE BILL NO. 1741

Offered January 9, 2019
Prefiled December 20, 2018
A BILL to amend and reenact § 18.2-186.2 of the Code of Virginia, relating to false statements or failure to disclose material facts in order to obtain aid or benefits under housing assistance program; penalty.
Patron-- Bulova

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-186.2 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-186.2. False statements or failure to disclose material facts in order to obtain aid or benefits under any local, state, or federal housing assistance program; penalty.

Any person who (i) knowingly makes or causes to be made either directly or indirectly or through any agent or agency, any false statement in writing with the intent that it shall be relied upon, or fails to disclose any material fact concerning the financial means or ability to pay of himself or of any other person for whom he is acting, for the purpose of procuring aid and benefits available under any local, state, or federally funded housing assistance program, or (ii) knowingly fails to disclose a change in circumstances in order to obtain or continue to receive under any such program aid or benefits to which he is not entitled or who knowingly aids and abets another person in the commission of any such act is guilty of a Class 1 misdemeanor larceny.

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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2018, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.