MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Juvenile Justice

By: Representative Bailey

AN ACT TO AMEND SECTION 97-23-96, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS REGARDING PARENTS' LIABILITY FOR DAMAGES IN SHOPLIFTING VIOLATIONS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 97-23-96, Mississippi Code of 1972, is amended as follows:

97-23-96. (1) Any person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of the provisions of Section 97-23-93, Mississippi Code of 1972, has a cause of action for threefold the actual damages sustained or damages in the amount of Two Hundred Dollars ($200.00), whichever is greater, reasonable attorney's fees and court costs in the trial and in any proceedings in appellate courts. The recovery of stolen goods regardless of condition shall not affect the right to the minimum recovery provided herein.

(2) Before filing an action for damages under this section, the person claiming injury must make a written demand for Two Hundred Dollars ($200.00) or threefold the actual damages sustained, whichever is greater, of the person or accused liable for damages under this section. If the accused to whom a written demand is made complies with such demand within thirty (30) days after receipt of the demand, he shall be given a written release from further civil liability for the specific act of shoplifting by the victim making the written demand.

(3) Any victim who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his parents or legal guardian and who is liable for damages under this section * * *. Foster parents shall not be liable for the acts of children placed with them.

Nothing in this section shall in any way be construed as to abrogate, compromise or violate any minor's right to confidentiality under any other provision of the Mississippi Code of 1972 or otherwise.

(4) In no event shall punitive damages be awarded under this section.

(5) In awarding damages, attorney's fees, expenses or costs under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover damages, attorney's fees, expenses or costs provided under other provisions of law.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.