2007 Regular Session
To: Judiciary A
By: Representative Moore, Formby, Wells-Smith
AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF TAKING AWAY A MOTOR VEHICLE AND THE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-17-42, Mississippi Code of 1972, is amended as follows:
97-17-42. (1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle belonging to another, and any person who knowingly shall aid and abet in such taking possession or taking away, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections for not more than ten (10) years.
(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of any such motor vehicle.
(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.
(4) Any person who shall be convicted for a second or subsequent offense under this section shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.
(5) The intent to permanently deprive a person of a motor vehicle shall not apply to violations of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.