House Bill 813

(As Passed the House)

AN ACT TO AMEND SECTION 99-7-31, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SUFFICIENCY OF INDICTMENTS FOR LARCENY OR EMBEZZLEMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-7-31, Mississippi Code of 1972, is amended as follows:

99-7-31. (1) In indictments for larceny or embezzlement of money or evidences of debt it shall be sufficient to describe the property in general terms, as "money," "bank-notes," "checks," "bills of exchange," "promissory notes," and the like, of or about a certain amount and of certain value; and in an indictment for embezzlement of money or funds by a treasurer, cashier, or other fiduciary, it shall be sufficient to describe the same as a "balance of account" and of a certain value.

(2) In indictments for any crime in which the ownership of property, whether real or personal, must be alleged and proven, in all cases in which such ownership is vested in any entity other than an individual person, it shall be sufficient to allege and prove a name by which such entity is commonly known; and no such indictment shall be held to be insufficient for failing to fully set forth such matters as governmental origins or the names of trustees, council members, supervisors, heirs or other persons with dominion or control over such entity or its property, and proof of such matters shall not be required at any trial upon such indictments.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.