Bill Text: WV SB267 | 2014 | Regular Session | Introduced
Bill Title: Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-04-14 - Chapter 89, Acts, Regular Session, 2014 [SB267 Detail]
Download: West_Virginia-2014-SB267-Introduced.html
Senate Bill No. 267
(By Senators Palumbo, Kessler (Mr. President), Cookman and Fitzsimmons)
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[Introduced January 8, 2014; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §6-9-2c of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-3-10b of said code, all relating to fraudulent or unauthorized use of purchasing cards; ensuring that the courts of West Virginia have jurisdiction over fraudulent or unauthorized use of purchasing cards; defining the conduct as a continuing offense; and establishing jurisdiction.
Be it enacted by the Legislature of West Virginia:
That §6-9-2c of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §12-3-10b of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.
§6-9-2c. Fraudulent or unauthorized use of purchasing card prohibited; penalties.
It is unlawful for any person to use a local government purchasing card, issued in accordance with the provisions of section two-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section two-a of this article or the rules promulgated pursuant to that section: Provided, That such action is a continuing offense beginning when the purchasing card is issued or obtained by the person and any county where a substantial or material element of the offense occurred has jurisdiction to prosecute the offense. Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10b. Fraudulent or unauthorized use of purchasing card prohibited; penalties.
It is unlawful for any person to use a state purchase card, issued in accordance with the provisions of section ten-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section ten-a of this article or the rules promulgated pursuant to that section: Provided, That such action is a continuing offense beginning when the purchasing card is issued or obtained by the person and any county where a substantial or material element of the offense occurred has jurisdiction to prosecute the offense. Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined imprisoned in the penitentiary a state correctional facility not less than one nor more than five years, or fined no more than $5,000, or both fined and imprisoned.
NOTE: The purpose of this bill is to ensure that state courts have jurisdiction to prosecute fraudulent or unauthorized uses of purchasing cards.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
