MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Brown

AN ACT TO AMEND SECTIONS 97-17-41 AND 97-17-42, MISSISSIPPI CODE OF 1972, TO PROVIDE A REBUTTABLE PRESUMPTION THAT ANY PERSON DRIVING A STOLEN MOTOR VEHICLE IS GUILTY OF LARCENY; 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, or shall be fined not more than Two Thousand Dollars ($2,000.00), or both.

(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, and shall be imprisoned in the penitentiary for a term not exceeding ten (10) years or shall be fined not more than Two Thousand Dollars ($2,000.00), or both.

(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.

(4) There shall be a rebuttable presumption that any person driving a stolen motor vehicle is guilty of a violation of this section or Section 97-17-42.

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.

(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.

(4) There shall be a rebuttable presumption that any person driving a stolen motor vehicle is guilty of a violation of this section or Section 97-17-41.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.