Bill Text: VA HB127 | 2018 | Regular Session | Prefiled
Bill Title: Construction fraud; penalty.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-02-15 - Left in Courts of Justice [HB127 Detail]
Download: Virginia-2018-HB127-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-200.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-200.1. Failure to perform promise for construction, etc., in return for advances.
If any person obtain from another an advance of money,
merchandise or other thing, of value, with fraudulent
intent, upon a promise to perform construction, removal,
repair or improvement of any building or structure permanently annexed to real
property, or any other improvements to such real property, including
horticulture, nursery or forest products, and
fraudulently fail or refuse to perform such promise, and
also fail to substantially make good such advance, he shall be deemed guilty of
the larceny of such money, merchandise or other thing if he fails to return
such advance within fifteen 15 days of a request to do so
sent by certified mail, return receipt requested, to his last known address or
to the address listed in the contract.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 836 of the Acts of Assembly of 2017 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
