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Introduced Version House Bill 4634 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4634


(By Delegate Keener)

[Introduced February 22, 2002; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section thirty-one, article eight, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal liability of a public officer or employee; modifying limitation of action.

Be it enacted by the Legislature of West Virginia:
That section thirty-one, article eight, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.

§11-8-31. Criminal liability of official violating provisions of article; proceeding for removal; limitation of action.

(a) A person who in his official capacity willfully violates the provisions of this article shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than five hundred dollars, or confined in a county or regional
jail not more than one year, or both. Upon conviction he shall also forfeit his office: Provided, That no liability shall arise under the provisions of this section so far as obligations may have been incurred or may be incurred prior to the time tax levies may be made under the provisions of this article by fiscal bodies having for their purpose the maintenance and operation of free schools or other governmental functions for the fiscal year one thousand nine hundred thirty-three--one thousand nine hundred thirty-four.
(b) Proceedings for the removal of a member of a local fiscal body who has willfully or with gross negligence violated any of the provisions of this article shall be brought and maintained in accordance with and shall be subject to the provisions of section seven, article six, chapter six of this code.
(c) An attested copy of the petition and the charges contained therein shall be served upon the defendants at least twenty days prior to the date of hearing. No other pleading or notice of the proceedings shall be necessary.
(d) If any person in his or her official capacity participates in an illegal expenditure and in so doing acts in accordance with and upon the advice of his or her statutory attorney or duly appointed attorney, which advice was asked for, received and given in good faith, such person so acting shall not be deemed guilty of gross negligence or of willfully violating any of the provisions of this article but may be found to have so acted in a negligent manner and may be proceeded against for the recovery of the amount illegally or improperly expended, both personally or upon his or her official bond.
(e) Notwithstanding the provisions of section nine, article eleven, chapter sixty-one of this code, any criminal action shall be commenced within three years of the day of the commission of the last act constituting the offense defined by this section or within three years of the day the prosecuting attorney has received a report of any audit required by law which details findings.








NOTE:
The purpose of this bill is to extend the time during which a prosecuting attorney may bring a misdemeanor criminal action against a public officer or employee alleged to have violated tax levy provisions to three years after the last unlawful act or three years after the prosecuting attorney receives the audit findings which prompt the action.

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