ENGROSSED

Senate Bill No. 558

(By Senators Caldwell, Rowe and McKenzie)

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[Introduced February 18, 2004; referred to the Committee on the Judiciary.]

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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-20a, relating to making the misuse of a power of attorney or other fiduciary relationship the crime of embezzlement.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-3-20a, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-20a. Embezzlement by misuse of power of attorney or other fiduciary relationship; penalty.

Any person who holds a fiduciary power of attorney or who has a fiduciary relationship with a person and in so doing unlawfully deprives the person of assets or property, real or personal, or misuses or misappropriates funds from the person or misuses any account, line of credit or credit card of the principal for purposes not contemplated by the terms of the power of attorney instrument or fiduciary relationship, or for purposes not intended by the principal in the execution of the power of attorney or intended by the fiduciary relationship, is guilty of embezzlement.