MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Reynolds

AN ACT TO AMEND SECTION 97-17-33, MISSISSIPPI CODE OF 1972, TO PROVIDE ENHANCED PENALTIES FOR BURGLARY OF A CHURCH, SYNAGOGUE, TEMPLE OR OTHER ESTABLISHED PLACE OF WORSHIP; TO AMEND SECTIONS 97-17-41 AND 97-17-43, MISSISSIPPI CODE OF 1972, TO PROVIDE ENHANCED PENALTIES FOR LARCENY OF A CHURCH, SYNAGOGUE, TEMPLE OR OTHER ESTABLISHED PLACE OF WORSHIP; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-17-33, Mississippi Code of 1972, is amended as follows:

97-17-33. (1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, automobile, truck or trailer in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony, or who shall be convicted of breaking and entering in the day or night time, any building within the curtilage of a dwelling house, not joined to, immediately connected with or forming a part thereof, shall be guilty of burglary, and imprisoned in the Penitentiary not more than seven (7) years.

(2) Any person who violates this section by breaking and entering a church, synagogue, temple or other established place of worship with intent to commit some crime therein shall be punished by imprisonment in the Penitentiary not more than fourteen (14) years.

SECTION 2. Section 97-17-41, Mississippi Code of 1972, is amended as follows:

97-17-41. (1) (a) Every person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Two Hundred Fifty Dollars ($250.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding five (5) years; or shall be fined not more than One Thousand Dollars ($1,000.00), or both.

(b) Every person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Two Hundred Fifty Dollars ($250.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years, or shall be fined not more than Two Thousand Dollars ($2,000.00), or both.

(2) Every person who shall be convicted for a second or subsequent offense of taking and carrying away, feloniously, a motor vehicle which is the personal property of another, of any value, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years or shall be fined not more than Two Thousand Dollars ($2,000.00), or both.

(3) The court shall order any person convicted under this section who causes damage to any motor vehicle to pay restitution to the owner or owners of any such motor vehicle.

SECTION 3. Section 97-17-43, Mississippi Code of 1972, is amended as follows:

97-17-43. (1) If any person shall feloniously take, steal and carry away any personal property of another under the value of Two Hundred Fifty Dollars ($250.00), he shall be guilty of petit larceny and upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by fine not exceeding One Thousand Dollars ($1,000.00), or both.

(2) If any person shall feloniously take, steal and carry away any property of a church, synagogue, temple or other established place of worship under the value of Two Hundred Fifty Dollars ($250.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding one (1) year or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.