MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary B

By: Representative Snowden

House Bill 1151

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 97-23-19, MISSISSIPPI CODE OF 1972, TO DEFINE INCORPORATED COMPANY FOR THE CRIME OF EMBEZZLEMENT; TO REVISE PENALTIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-23-19, Mississippi Code of 1972, is amended as follows:

     97-23-19.  (1)  Any director, agent, clerk, servant, or officer of any incorporated company, or if any trustee or factor, carrier or bailee, or any clerk, agent or servant of any private person, shall embezzle or fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods, rights in action, money, or other valuable security, effects, or property of any kind or description which shall have come or been entrusted to his care or possession by virtue of his office, place, or employment, either in mass or otherwise, with a value of Five Hundred Dollars ($500.00) or more, he shall be guilty of felony embezzlement, and, upon conviction thereof, shall be imprisoned in the Penitentiary not more than ten (10) years, or fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.  If the value of such goods, rights in action, money or other valuable security, effects, or property of any kind is less than Five Hundred Dollars ($500.00), he shall be guilty of misdemeanor embezzlement, and, upon conviction thereof, shall be imprisoned in the county jail not more than six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.

     (2)  For the purposes of this section "incorporated company" includes all lawful entities created under Title 79.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.