MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representatives Miles, Markham

AN ACT TO AMEND SECTIONS 65-7-23 AND 97-15-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO WILLFULLY DEFACE, REMOVE, MAR, DAMAGE OR DESTROY ANY VEHICLE OR EQUIPMENT OWNED OR OPERATED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO PROVIDE THAT, IN ADDITION TO ANY OTHER PENALTIES PRESCRIBED BY LAW, ANY PERSON GUILTY OF SUCH OFFENSE SHALL BE ORDERED TO MAKE RESTITUTION; TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO OFFER AND PAY A REWARD FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF ANY SUCH OFFENDER; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 65-7-23, Mississippi Code of 1972, is amended as follows:

65-7-23. (1) Any person willfully defacing, removing, marring, damaging or destroying any sign or guide board, including any railroad crossing sign or flasher signal, or other traffic control device * * * shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable, and shall be ordered to make restitution in accordance with the provisions of Chapter 37, Title 99, Mississippi Code of 1972, for the actual cost of replacing or repairing such sign, and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.

(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass, or any vehicle or equipment owned or operated by the Mississippi Department of Transportation.

(3) The Executive Director of the Mississippi Department of Transportation, with approval of the Mississippi Transportation Commission, may offer a reward not to exceed One Thousand Dollars ($1,000.00) for information leading to the arrest and conviction of any person who violates the provisions of subsection (1) or (2) of this section with regard to any sign, signal, traffic control device, bridge, underpass, overpass, vehicle or equipment under the jurisdiction of the Mississippi Transportation Commission or the Mississippi Department of Transportation. The Executive Director of the Mississippi Department of Transportation may have suitable reward notices printed and posted in conspicuous places and may use such other news media or informational materials as necessary to encourage those with information to come forward. Any reward money paid, as well as the cost of printing and distribution of reward notices and other news media or informational materials, may be paid from any available funds of the department; however, the executive director shall keep a separate account of all monies disbursed under the provisions of this subsection and shall include the same in the department's annual report.

SECTION 2. Section 97-15-1, Mississippi Code of 1972, is amended as follows:

97-15-1. (1) Any person who shall willfully destroy, deface, mar, damage, pull down or remove any milepost, signboard, or index board, or road number, or railroad crossing sign or flasher signal, or other traffic control device shall, on conviction thereof, be liable, and shall be ordered to make restitution in accordance with the provisions of Chapter 37, Title 99, Mississippi Code of 1972, for the actual cost of replacing or repairing such sign, and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.

(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass, or any vehicle or requirement owned or operated by the Mississippi Department of Transportation.

(3) The Executive Director of the Mississippi Department of Transportation, with approval of the Mississippi Transportation Commission, may offer a reward not to exceed One Thousand Dollars ($1,000.00) for information leading to the arrest and conviction of any person who violates the provisions of subsection (1) or (2) of this section with regard to any sign, signal, traffic control device, bridge, underpass, overpass, vehicle or equipment under the jurisdiction of the Mississippi Transportation Commission or the Mississippi Department of Transportation. The Executive Director of the Mississippi Department of Transportation may have suitable reward notices printed and posted in conspicuous places and may use such other news media or informational materials as necessary to encourage those with information to come forward. Any reward money paid, as well as the cost of printing and distribution of reward notices and other news media or informational materials, may be paid from any available funds of the department; however, the executive director shall keep a separate account of all monies disbursed under the provisions of this subsection and shall include the same in the department's annual report.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.