Senate Bill 2491

AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENT OF RESTITUTION TO A VICTIM OF CAR THEFT AND TO REVISE THE CRIMINAL PENALTIES IMPOSED; 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 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 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 full restitution to the owner or owners of any such motor vehicle or to any other person or entity in lawful possession thereof at the time of the taking. No person ordered to pay restitution under this subsection shall be released or discharged from probation or post-release supervision until the restitution has been paid in full.

(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 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 fifteen (15) years or shall be fined not more than Fifteen Thousand Dollars ($15,000.00), or both.

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