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.