WEST virginia legislature

2018 regular session

Introduced

House Bill 4211

By Delegates Marcum, Eldridge, Rodighiero, Hicks, R. Miller, Isner, Phillips, Hollen, Maynard and E. Evans

[Introduced January 19, 2018; Referred
to the Committee on Education then the Judiciary.]

A BILL to amend and reenact §61-3-20 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for public school employees that embezzle public funds.

Be it enacted by the Legislature of West Virginia:

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 is guilty of the larceny thereof. If such guilty person be is an officer, agent, clerk or servant of any banking institution, he or she shall be is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a state correctional facility not less than ten years. And it shall not be is not 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: Provided, That any officer, agent, clerk or servant of any school district convicted under this section for embezzling public funds shall be imprisoned in a state correctional facility for not less than three years nor more than fifteen years and fined not more than $25,000.

NOTE: The purpose of this bill is to increase penalties for school employees convicted of embezzling public funds.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.