MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Walls

AN ACT TO AMEND SECTIONS 97-17-43 AND 97-17-41, MISSISSIPPI CODE OF 1972, TO INCREASE THE VALUE OF PROPERTY WHICH DETERMINES THE CRIME OF PETIT LARCENY; TO CONFORM THE CRIME OF GRAND LARCENY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-17-43, Mississippi Code of 1972, is amended as follows:

97-17-43. (1) If any person shall feloniously take, steal and carry away any personal property of another under the value of One Thousand Dollars ($1,000.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by fine not exceeding One Thousand Dollars ($1,000.00), or both.

(2) If any person shall feloniously take, steal and carry away any property of a church, synagogue, temple or other established place of worship under the value of One Thousand Dollars ($1,000.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding one (1) year or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.

(3) Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with intent to defraud the retail establishment, shall be guilty of petit larceny and punished as provided in subsection (1) of this section and, upon any second or subsequent such offense, the driver's license of the person shall be suspended as follows:

(a) The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety.

(b) The first suspension of a driver's license under this subsection shall be for a period of six (6) months.

(c) A second or subsequent suspension of a driver's license under this subsection shall be for a period of one (1) year.

(d) At the expiration of the suspension period, and upon payment of a restoration fee of Twenty-five Dollars ($25.00), the suspension shall terminate and the Department of Public Safety shall return the person's driver's license to the person. The restoration fee shall be in addition to the fees provided for in Title 63, Chapter 1, and shall be deposited into the State General Fund in accordance with Section 45-1-23.

SECTION 2. 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 One Thousand Dollars ($1,000.00) 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 One Thousand Dollars ($1,000.00) 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.

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