House Bill 1078

AN ACT TO CREATE THE CRIME OF MISAPPROPRIATION OF FUNDS IN CONNECTION WITH THE PAYMENT OF UTILITY SERVICES; TO PROVIDE DEFINITIONS RELATING TO THE MISAPPROPRIATION OF FUNDS IN CONNECTION WITH THE PAYMENT OF UTILITY SERVICES; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Person" means a natural or juridical person, including, but not limited to, a sole proprietorship, corporation, company, limited liability company, partnership, limited liability partnership, trust, incorporated or unincorporated association, or any other individual or entity. "Person" also includes any representative, director, trustee, agent, or officer of a juridical person who is authorized and responsible for making payments for utility services.

(b) "Utility services" has the same meaning as the term "public utility" as provided in Section 77-3-3, Mississippi Code of 1972.

SECTION 2. (1) A person who has received money or payment in accordance with a lease contract or rental agreement to pay utility services shall not knowingly:

(a) Fail to apply the money or payment as necessary to satisfy the amount owed for the utility services within sixty (60) days of the person's receipt of the bill for utility services; or

(b) Use or cause an agent or employee to use any deception, false pretense, or false promise in the failure to apply the money or payment as necessary to satisfy

the amount owed for the utility services.

(2) A person who violates the provisions of this section when the misappropriation or taking amounts to Twenty-five Thousand Dollars ($25,000.00) or more shall be committed to the Department of Corrections for not more than twenty (20) years, fined not more than Fifty Thousand Dollars ($50,000.00), or both.

(3) When the misappropriation or taking amounts to Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), the offender shall be committed to the Department of Corrections for not more than ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both.

(4) When the misappropriation or taking amounts to One Thousand Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00), the offender shall be

committed to the Department of Corrections for not more than five (5) years, fined not more than Three Thousand Dollars ($3,000.00), or both.

(5) (a) When the misappropriation or taking amounts to less than One Thousand Dollars ($1,000.00), the offender shall be committed to the Department of Corrections for not more than six (6) months, fined not more than One Thousand Dollars ($1,0000.00), or both.

(b) If the offender in such cases has been convicted two (2) or more times previously, upon any subsequent conviction, the offender shall be committed to the Department of Corrections for not more than two (2) years, fined not more than Two Thousand

Dollars ($2,000.00), or both.

(6) In addition to the penalties provided in paragraphs (2) through (5) of this subsection, a person convicted under the provisions of this section shall make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense in accordance with Section 99-37-3, Mississippi Code of 1972.

(7) The provisions of this section shall not apply if the person who has received money or payment for utility services is unable to pay the bill for utility services because either:

(a) The tenant or lessee has failed to timely pay sufficient funds to satisfy the specific amount owed in the bill for utility services; or

(b) The reason for the delay in receipt of either the bill or payment for utility services is due to an administrative, clerical, or technical error or omission on behalf of the company providing utility services.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.