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Introduced Version Senate Bill 274 History

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Senate Bill No. 274

(By Senators Barnes, Unger and Weeks)

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[Introduced February 24, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §61-3-20 of the Code of West Virginia, 1931, as amended, relating to making embezzlement from a county, district, school district or municipal corporation a felony punishable by imprisonment for not less than ten years; and requiring that a special prosecutor be appointed when a county officer, agent, clerk or servant is accused of 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 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 an officer, agent, clerk or servant of any banking institution, he shall be guilty of which is a felony and, upon conviction thereof, shall be imprisoned in a correctional facility the penitentiary 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 is be held to have embezzled the same and be guilty of the larceny thereof and is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than ten years. In the prosecution of any such the 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.
The prosecuting attorney of the county in which the embezzlement occurs as provided by this section is disqualified from the prosecution of any county officer, agent, clerk or servant accused of embezzlement under the provisions of this section. The chief circuit judge of the county in which the alleged embezzlement occurs shall request the appointment of a special prosecutor as provided in section six, article four, chapter seven of this code.



NOTE: The purpose of this bill is to make embezzlement from a county, district, school district or municipal corporation a felony punishable by imprisonment for not less than ten years. The bill requires that a special prosecutor be appointed for prosecutions of county officers, agents, clerks and servants charged with embezzlement under the bill.

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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