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2004 SESSION

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040889808
SENATE BILL NO. 192 Offered January 14, 2004 Prefiled January 13, 2004 A BILL to amend the Code of Virginia by adding a section numbered 18.2-112.1, relating to embezzlement by public official; penalty. ---------- Patron-- Reynolds ---------- Referred to Committee for Courts of Justice ----------

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. Embezzlement by public officials of public funds; penalty.

If any officer, agent or employee of the Commonwealth or of any county, city or town or any other political subdivision or any authority knowingly misuses or misappropriates or unlawfully disposes of any public funds that he has access to or knows of because of his position as an officer, agent or employee, he is guilty of a Class 4 felony. The sentence shall include a mandatory minimum term of one year of incarceration in a state correctional facility with no suspension of sentence in whole or in part for each $50,000 misused, misappropriated or disposed of unlawfully .

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.