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2008 SESSION

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080416806
SENATE BILL NO. 350 Offered January 9, 2008 Prefiled January 8, 2008 A BILL to amend and reenact § 18.2-112 of the Code of Virginia, relating to embezzlement of public or other funds. ---------- Patron-- Reynolds ---------- Referred to Committee for Courts of 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.