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1995 SESSION

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CHAPTER 294 An Act to amend and reenact § 63.1-124 of the Code of Virginia, relating to public assistance and fraudulent statements. [H 1507] Approved March 16, 1995

Be it enacted by the General Assembly of Virginia:

1. That § 63.1-124 of the Code of Virginia is amended and reenacted as follows:

§ 63.1-124. False statements, representations, impersonations and fraudulent devices.

Whoever obtains, or attempts to obtain, or aids or abets any person in obtaining, by means of a willful false statement or representation, or by impersonation, or other fraudulent device, assistance or benefits from other programs designated under rules and regulations of the State Board of Social Services or State Board of Health or the Board of Medical Assistance Services to which he is not entitled or who fails to comply with the provisions of § 63.1-112 shall be deemed guilty of larceny, and upon conviction, shall be punished as specified in Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2. It shall be the duty of the local superintendent or director, the Commissioner of Health or the Director of the Department of Medical Assistance Services to investigate alleged violations and enforce the provisions of this section. A warrant or summons may be issued for each violation of which the local Superintendent director, the Commissioner of Health or the Director of the Department of Medical Assistance Services has knowledge. The local director, the Commissioner or the Director shall ensure that the attorney for the Commonwealth is notified of any investigation or alleged violation under this section. Trial for violations of this section shall be in the county or city from whose department of public welfare or social services assistance was sought or obtained.

In any prosecution under the provisions of this section, it shall be lawful and sufficient in the same indictment or accusation to charge and therein to proceed against the accused for any number of distinct acts of such false statements, representations, impersonations or fraudulent devices which may have been committed by him within six months from the first to the last of the acts charged in the indictment or accusation.