House Bill 28

AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CRIME OF CARGO THEFT; TO PROVIDE FOR CERTAIN DEFINITIONS; TO PROVIDE PENALTIES; TO PROVIDE FOR THE CRIME OF UNLAWFUL POSSESSION OR USE OF A FIFTH WHEEL; TO AMEND SECTION 97-25-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THIS ACT; 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) (a) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of larceny and shall be punished based on the value of the motor vehicle involved according to the schedule in Section 97-17-41. If the value of the motor vehicle involved is One Thousand Dollars ($1,000.00) or less, the person shall be punished according to the schedule in Section 97-17-43.

( * * *2b) Any person convicted under this subsection who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged.

( * * *3c) This subsection shall not apply to the enforcement of a security interest in a motor vehicle.

( * * *4d) Any person who shall be convicted for a second or subsequent offense under this subsection shall be imprisoned in the Penitentiary for a term not exceeding twice the term authorized based on the value of the motor vehicle involved in the subsequent offense according to the schedule in Section 97-17-41 or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.

(2) (a) For purposes of this subsection, the term "vehicle" includes, without limitation, any railcar and locomotive.

(b) Notwithstanding any provision of this section to the contrary, a person commits the offense of cargo theft when he or she unlawfully takes or, being in lawful possession thereof, unlawfully appropriates:

(i) Any vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, without limitation, any trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another with the intention of depriving such other person of the property, regardless of the manner in which the property is taken or appropriated; or

(ii) Any trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is deployed by or used by a law enforcement agency, which is the property of another with the intention of depriving such other person of the property, regardless of the manner in which the property is taken or appropriated.

(c) The value of a vehicle engaged in commercial transportation of cargo and any appurtenance thereto and the cargo being transported which is taken or unlawfully appropriated shall be based on the fair market value of such vehicle, appurtenances and cargo taken or unlawfully appropriated.

(d) (i) If the property taken is one or more controlled substances as defined in Section 41-29-105 with a collective value of less than Ten Thousand Dollars ($10,000.00), a person convicted of a violation of this subsection shall be punished by imprisonment for not less than one (1) but no more than ten (10) years, a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.

(ii) If the property taken is one or more controlled substances as defined in Section 41-29-105 with a collective value of at least Ten Thousand Dollars ($10,000.00) but less than One Million Dollars ($1,000,000.00), a person convicted of a violation of this subsection shall be punished by imprisonment for not less than five (5) nor more than twenty-five (25) years, a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than One Million Dollars ($1,000,000.00), or both.

(iii) If the property taken is one or more controlled substances as defined in Section 41-29-105 with a collective value of One Million Dollars ($1,000,000.00) or more, a person convicted of a violation of this subsection shall be punished by imprisonment for not less than ten (10) nor more than thirty (30) years, a fine of not less than One Hundred Thousand Dollars ($100,000.00) nor more than One Million Dollars ($1,000,000.00), or both.

(e) (i) Except as otherwise provided in paragraph (d) of this subsection, if the property taken has a collective value of One Thousand Dollars ($1,000.00) or less, a person convicted of a violation of this section shall be punished as a misdemeanor.

(ii) Except as otherwise provided in paragraph (d) of this subsection, if the property taken has a collective value of more than One Thousand Dollars ($1,000.00) but less than Ten Thousand Dollars ($10,000.00), a person convicted of a violation of this subsection shall be punished by imprisonment for not less than one (1) nor more than ten (10) years, a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.

(iii) Except as otherwise provided in paragraph (d) of this subsection, if the property taken has a collective value of at least Ten Thousand Dollars ($10,000.00) but less than One Million Dollars ($1,000,000.00), a person convicted of a violation of this subsection shall be punished by imprisonment for not less than five (5) nor more than twenty (20) years, a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than One Million Dollars ($1,000,000.00), or both.

(iv) Except as otherwise provided in paragraph (d) of this subsection, if the property taken has a collective value of One Million Dollars ($1,000,000.00) or more, a person convicted of a violation of this subsection shall be punished by imprisonment for not less than ten (10) nor more than twenty (20) years, a fine of not less than One Hundred Thousand Dollars ($100,000.00) nor more than One Million Dollars ($1,000,000.00), or both.

(f) Notwithstanding paragraphs (d) and (e) of this subsection, if the property taken is a trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is deployed by or used by a law enforcement agency, regardless of its value, a person convicted of a violation of this section shall be punished by imprisonment for not less than one (1) nor more than ten (10) years, a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.

(g) A person convicted of a violation of this subsection may also be punished by, if applicable, the suspension of the defendant's commercial driver's license in accordance with Section 63-1-216.

(3) (a) For the purposes of this subsection, the term "fifth wheel" means a device mounted on a truck tractor or similar towing vehicle, including, but not limited to, a converter dolly, which interfaces with and couples to the upper coupler assembly of a semitrailer.

(b) It shall be unlawful for any person to modify, alter, attempt to alter, and, if altered, sell, possess, offer for sale, move, or cause to be moved on the highways of this state a device known as a fifth wheel or the antitheft locking device attached to the fifth wheel with the intent to use the fifth wheel to commit or attempt to commit cargo theft as defined in this section.

(c) A person convicted of a violation of this subsection shall be punished by imprisonment for not less than one (1) nor more than ten (10) years, a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.

SECTION 2. Section 97-25-25, Mississippi Code of 1972, is amended as follows:

97-25-25. (1) If any person shall unlawfully seize upon any locomotive and run it away, or shall aid, abet or procure the doing of the same, he shall, upon conviction, be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding six (6) months, or both.

(2) If any person shall unlawfully seize upon any locomotive that is engaged in commercial transportation of cargo or any appurtenance thereto, they shall be punished as provided in Section 1 of this act.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.