Bill Text: WV HB2988 | 2018 | Regular Session | Introduced
Bill Title: Clarifying the penalties for embezzlement
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Judiciary [HB2988 Detail]
Download: West_Virginia-2018-HB2988-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary
A BILL to amend and
reenact §61-3-20 of the Code of West Virginia, 1931, as amended, relating to clarifying
the penalties for embezzlement.
Be it enacted by the
Legislature of West Virginia:
That §61-3-20 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE
3. CRIMES AGAINST PROPERTY.
§61-3-20. Embezzlement.
If any officer, agent, clerk or servant of this state, or of
any county, district, school district or municipal corporation, or of any
banking institution, or other corporation, or any officer of public trust in
this state, or any agent, clerk or servant of any firm or person, or company or
association of persons not incorporated, embezzles or fraudulently converts to
his or her own use, bullion, money, bank notes, drafts, security for
money, or any effects or property of any other person, which shall have come
into his or her possession, or been placed under his or her care
or management, by virtue of his or her office, place or employment, he or
she shall be guilty of the larceny thereof a felony and, upon
conviction thereof, shall be imprisoned in a state correctional facility not
less than two nor more than ten years or fined not to exceed $10,000, or both
fined and imprisoned. If such guilty person be an officer, agent, clerk or
servant of any banking institution, he or she shall be guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility not less than ten years. And it shall not be
necessary to describe in the indictment, or to identify upon the trial, the
particular bullion, money, bank note, draft or security for money which is so
taken, converted to his or her own use or embezzled by him or her.
And whenever any officer, agent, clerk or servant of this
state, or of any county, district, school district or municipal corporation,
shall appropriate or use for his or her own benefit, or for the benefit
of any other person, any bullion, money, bank notes, drafts, security for money
or funds belonging to this state or to any such county, district, school
district or municipal corporation, he or she shall be held to have
embezzled the same and be guilty of the larceny thereof. In the prosecution of
any such officer, agent, clerk or servant of this state or of any county,
district, school district or municipal corporation charged with appropriation
or use for his or her own benefit or the benefit of any other person,
any bullion, money, bank notes, drafts, security for money or funds belonging
to this state or to any county, district, school district or municipal
corporation, it shall not be necessary to describe in the indictment, or to
identify upon the trial, the particular bullion, money, bank notes, drafts,
security for money or funds appropriated or used for his or her own
benefit or for the benefit of any other person.
NOTE: The purpose of this bill is
to clearly define the penalties for embezzlement.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.