MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representatives Moore (60th), Formby, Martinson

AN ACT TO AMEND SECTIONS 97-17-41, 97-17-42 AND 97-17-61, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THEFT OF A MOTOR VEHICLE SHALL BE A FELONY; TO REVISE PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-17-41, Mississippi Code of 1972, is amended as follows:

97-17-41. (1) (a) Every person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Two Hundred Fifty Dollars ($250.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the penitentiary for a term not exceeding five (5) years; or shall be fined not more than One Thousand Dollars ($1,000.00), or both.

(b) Every person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Two Hundred Fifty Dollars ($250.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the penitentiary for a term not exceeding ten (10) years and shall be fined not more than Two Thousand Dollars ($2,000.00) * * *.

(c) Every person who shall be convicted of taking and carrying away a motor vehicle which is the personal property of another, of any value, shall be guilty of grand larceny, a felony, and shall be imprisoned in the penitentiary for a term not exceeding five (5) years and shall be fined not more than Five Thousand Dollars $5,000.00).

(2) Every person who shall be convicted for a second or subsequent offense of taking and carrying away, feloniously, a motor vehicle which is the personal property of another, of any value, shall be guilty of grand larceny, a felony, and shall be imprisoned in the penitentiary for a term not exceeding ten (10) years and shall be fined not more than Ten Thousand Dollars ($10,000.00) * * *.

(3) The court shall order any person convicted under this section who causes damage to any motor vehicle to pay restitution to the owner or owners of any such motor vehicle.

SECTION 2. Section 97-17-42, Mississippi Code of 1972, is amended as follows:

97-17-42. (1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle belonging to another, and any person who knowingly shall aid and abet in such taking possession or taking away, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections for not more than five (5) years and shall be fined not more than Five Thousand Dollars ($5,000.00).

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

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

SECTION 3. Section 97-17-61, Mississippi Code of 1972, is amended as follows:

97-17-61. Any person who shall, without the consent of the owner or his agent, take away any horse, mare, gelding, mule, jack, jennet, sheep, cow, bull, ox, hog, or other livestock or dog, * * * where such taking and carrying away shall not amount to larceny, shall upon conviction, be fined not exceeding One Thousand Dollars ($1,000.00), or be imprisoned not exceeding one (1) year in the county jail, or both. A verdict of guilty of such taking and carrying away may be rendered under an indictment for larceny, if the evidence shall not warrant a verdict of guilty of larceny but shall warrant a conviction under this section. This section shall not apply to anyone who takes such property believing, in good faith, that he has a right to it. The court shall order any person convicted under this section to pay restitution for any damage caused to any property as a result of violating this section.

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.