HB 1454 Embezzlement and larceny the same.
William R. Janis | all patrons    ...    notes
| add to my profiles
history

Summary as passed:
Embezzlement and larceny the same. Provides that proof of embezzlement shall be sufficient to sustain the charge of larceny and that any person convicted of embezzlement shall be deemed guilty of larceny and may be indicted as for larceny, and upon conviction shall be punished as for larceny. This bill returns to and replaces some of the language appearing in the pre-1994 version of this section to clarify that if embezzlement is proven, a charge and conviction for larceny are sustained. Language in the pre-1994 version requiring the Commonwealth to elect which statute to proceed under is not replaced. This bill addresses the decision in Bruhn V. Commonwealth, 35 Va. App. 339, 544 S.E.2d 895 (Ct. App. 2001), wherein neither a conviction for embezzlement nor larceny was found when the defendant was charged with larceny and shown to have committed embezzlement.


Summary as passed House:
Embezzlement and larceny the same. Provides that proof of embezzlement shall be sufficient to sustain the charge of larceny and that any person convicted of embezzlement shall be deemed guilty of larceny and may be indicted as for larceny, and upon conviction shall be punished as for larceny. This bill returns to and replaces some of the language appearing in the pre-1994 version of this section to clarify that if embezzlement is proven, a charge and conviction for larceny are sustained. Language in the pre-1994 version requiring the Commonwealth to elect which statute to proceed under is not replaced. This bill addresses the decision in Bruhn V. Commonwealth, 35 Va. App. 339, 544 S.E.2d 895 (Ct. App. 2001), wherein neither a conviction for embezzlement nor larceny was found when the defendant was charged with larceny and shown to have committed embezzlement.


Summary as introduced:
Embezzlement and larceny the same. Provides that proof of embezzlement shall be sufficient to sustain the charge of larceny and that any person convicted of embezzlement shall be deemed guilty of larceny and may be indicted as for larceny, and upon conviction shall be punished as for larceny. This bill returns to and replaces some of the language appearing in the pre-1994 version of this section to clarify that if embezzlement is proven, a charge and conviction for larceny are sustained. Language in the pre-1994 version requiring the Commonwealth to elect which statute to proceed under is not replaced. This bill addresses the decision in Bruhn V. Commonwealth, 35 Va. App. 339, 544 S.E.2d 895 (Ct. App. 2001), wherein neither a conviction for embezzlement nor larceny was found when the defendant was charged with larceny and shown to have committed embezzlement.