House Bill 1375

AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE TAKING AWAY OF ANY MOTOR VEHICLE, INCLUDING JOY RIDING, WILL CONSTITUTE A FELONY; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 of any value belonging to another, with intent to either permanently or temporarily convert it or to deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections for not more than ten (10) 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 the motor vehicle or vehicles damaged.

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

(4) Any person who shall be convicted for a second or subsequent offense under this section shall be imprisoned in the Penitentiary for a term not exceeding fifteen (15) years or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.