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2004 SESSION

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040219808
SENATE BILL NO. 192 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Appropriations on March 8, 2004) (Patron Prior to Substitute--Senator Reynolds) A BILL to amend and reenact § 18.2-112 of the Code of Virginia, relating to embezzlement by officers, etc., of public or other funds.

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.

If any Any officer, agent or employee of the Commonwealth or of any city, town, county, or any other political subdivision or any authority, or the deputy of any such officer having custody of public funds, or other funds coming into his custody under his official capacity, who knowingly misuse or misappropriate misuses or misappropriates the same or knowingly dispose disposes 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. Any person convicted under this section shall be sentenced to a mandatory minimum term of one year of incarceration for each $50,000 misused, misappropriated or disposed of unlawfully.

2. That the Virginia Criminal Sentencing Commission shall reconsider the sentencing guidelines applicable to embezzlement by public officers as set forth in § 18.2-112 to determine if punishment for violations of that section should be established on the basis of the amount embezzled, the number of incidences of embezzlement, and the period of time over which the criminal conduct took place.

3. 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.