2007 Regular Session
To: Judiciary B
By: Representative Smith (39th)
AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO CONFORM AUTO THEFT PENALTIES TO GRAND LARCENY AND REQUIRE FULL RESTITUTION; 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 Section 97-17-42 who causes damage to any motor vehicle shall be ordered by the court to pay full restitution to the owner or owners of any such motor vehicle or to any other person in lawful possession thereof at the time of the taking. No person ordered to pay such restitution shall be released or discharged from probation or post-release supervision until restitution has been paid in full.
(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 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 fifteen (15) years or shall be fined not more than Fifteen Thousand Dollars ($15,000.00), or both.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.