Senate Bill 2523

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 69-33-1, 69-33-3 AND 69-33-9, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIMINAL AND CIVIL PENALTIES FOR VIOLATING THE PROVISIONS OF THE PECAN HARVESTING LAW; TO BRING FORWARD SECTIONS 69-33-5 AND 69-33-7, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-33-1, Mississippi Code of 1972, is amended as follows:

69-33-1. For the purpose of this chapter, the following words shall have the following meanings unless the context shall prescribe otherwise:

(a) "Owner" means the person, firm or corporation owning the land on which pecan trees are growing or the person, firm or corporation having legal possession of such land.

(b) "Harvesting season" means that portion of each calendar year beginning on * * * ~~October~~ September 1 and ending * * * ~~December~~ January 31.

SECTION 2. Section 69-33-3, Mississippi Code of 1972, is amended as follows:

69-33-3. When pecan trees are grown on private property and the branches of such trees extend over a public road, street or highway right-of-way, any pecans falling from any such pecan trees onto such public right-of-way shall be deemed the property of the owner of such pecan trees until the end of the harvesting season, and it shall be unlawful for any person, without the permission of the owner of such trees, to remove such pecans from any such public right-of-way during the harvesting season. It shall be unlawful for any person, without the permission of the owner of such trees, to pick or otherwise remove any pecans from the limbs or branches of pecan trees or to cause pecans to fall from such trees. Any person found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not exceeding One Hundred Dollars ($100.00) or be imprisoned for a period not to exceed thirty (30) days in jail, or both such fine and imprisonment.

SECTION 3. Section 69-33-5, Mississippi Code of 1972, is brought forward as follows:

69-33-5. Any pecans remaining on a public road, street or highway right-of-way during that portion of each calendar year except the harvesting season shall be deemed to be abandoned by the owner of such pecans, and it shall not be unlawful for any person to remove such pecans from such public right-of-way, except during the harvesting season.

SECTION 4. Section 69-33-7, Mississippi Code of 1972, is brought forward as follows:

69-33-7. The provisions of this chapter shall not be construed to prohibit employees of the State Highway Department or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this chapter be construed to grant the owner of any pecan trees the right to harvest pecans from the rights-of-way of any interstate or other limited access highway.

SECTION 5. Section 69-33-9, Mississippi Code of 1972, is amended as follows:

69-33-9. (1) Any person who, without the owner's permission, enters upon the private property of an owner of lands upon which pecan trees are growing for the purpose of removing pecans from the premises thereof, whether from the grounds or within any facility thereon where the pecans are stored, for his or her own financial benefit which causes financial detriment and other damages or hardships to the owner of the pecan trees, shall be found guilty of violating the provisions of this chapter shall be guilty of * * * larceny and subject to the penalties of petit larceny as prescribed in Section 97-17-43, or grand larceny, as prescribed in Section 97-17-41.

(2) In addition to any such fine or imprisonment that may be imposed for violating the provisions of this chapter, the court shall order restitution to be made to the owner of the severed pecans in United States currency at the current replacement value of the damage or loss. Whether the felonious crime is prosecuted as petit larceny or grand larceny shall be determined by the amount of the pecan's fair market value at the time the theft of the pecans occurred.

SECTION 6. This act shall take effect and be in force from and after July 1, 2023.