Senate Bill 2100

(As Passed the Senate)

AN ACT TO AMEND SECTION 97-17-70, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RECEIPT OF STOLEN PROPERTY VALUED AT A CERTAIN AMOUNT SHALL BE A FELONY WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT; TO PROVIDE A MANDATORY SENTENCING RANGE FOR A PERSON CONVICTED OF THE RECEIPT OF STOLEN PROPERTY WHICH IS A MOTOR VEHICLE; TO PROVIDE THAT THE MINIMUM TERMS IMPOSED UNDER THIS SECTION SHALL NOT BE REDUCED OR SUSPENDED NOR SHALL SUCH PERSON BE ELIGIBLE FOR PROBATION OR PAROLE BEFORE THE EXPIRATION OF THE MINIMUM TERM OF INCARCERATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-17-70, Mississippi Code of 1972, is amended as follows:

97-17-70. (1) A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner.

(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

(3) (a) Evidence that the person charged under this section stole the property that is the subject of the charge of receiving stolen property is not a defense to a charge under this section; however, dual charges of both stealing and receiving the same property shall not be brought against a single defendant in a single jurisdiction.

(b) Proof that a defendant stole the property that is the subject of a charge under this section shall be prima facie evidence that the defendant had knowledge that the property was stolen.

(4) Any person who shall be convicted of receiving stolen property which exceeds One Thousand Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00) in value and is not a motor vehicle shall be punished by imprisonment in the custody of the State Department of Corrections for a term not exceeding five (5) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(5) Any person who shall be convicted of receiving stolen property which exceeds Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00) in value and is not a motor vehicle shall be punished by imprisonment in the custody of the State Department of Corrections for a term not exceeding ten (10) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(6) Any person who shall be convicted of receiving stolen property which exceeds Twenty-five Thousand Dollars ($25,000.00) in value and is not a motor vehicle shall be punished by imprisonment in the custody of the State Department of Corrections for a term not less than five (5) years but not exceeding twenty (20) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(7) Any person who shall be convicted of receiving stolen property which does not exceed One Thousand Dollars ($1,000.00) in value and is not a motor vehicle may be punished by imprisonment in the county jail for not more than six (6) months or by a fine of not more than One Thousand Dollars ($1,000.00), or both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both. Any person convicted of a third or subsequent offense under this subsection where the value of the property is not less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount not exceeding One Thousand Dollars ($1,000.00), or both.

(8) Any person who shall be convicted of receiving stolen property which is a motor vehicle shall be punished by imprisonment in the custody of the State Department of Corrections for a term not less than five (5) years but not exceeding twenty (20) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(9) Notwithstanding any other law to the contrary, the minimum terms imposed under subsections (6) and (8) of this section shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of the minimum term of incarceration.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.