Senate Bill No. 11

(By Senator Buckalew)

____________

[Introduced February 12, 1997; referred to the

Committee on the Judiciary.]

____________




A BILL to amend article one, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to making it unlawful to possess, acquire or use food stamps in an unauthorized manner; and creating criminal penalties for violating this section.

Be it enacted by the Legislature of West Virginia:
That article one, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section ten, to read as follows:
ARTICLE 1. CRIMES AGAINST THE GOVERNMENT.
§61-1-10. Unauthorized use of food stamps.
(a) Any person who knowingly and intentionally possesses, acquires or uses food stamps in any unauthorized manner in the amount of one thousand dollars or less is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars, and may be confined in the county or regional jail for not more than one year.
(b) Any person who knowingly and intentionally possesses, acquires or uses food stamps in any unauthorized manner in an amount of more than one thousand dollars is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years.



NOTE: The purpose of this bill is to make it unlawful to possess, acquire or use food stamps in any unauthorized manner; and to create penalties for violating this section.

This section is new; therefore, strike-throughs and underscoring have been omitted.