Senate Bill 2913

(As Passed the Senate)

AN ACT TO AMEND SECTION 97-17-53, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF THEFT OF LIVESTOCK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-17-53, Mississippi Code of 1972, is amended as follows:

97-17-53. (1) (a) If any person shall knowingly, willfully and feloniously take steal and carry away livestock of any value belonging to another * * * without the consent of the * * * owner, he shall be guilty of larceny * * *.

(b) If any person shall obtain livestock of any value belonging to another by means of any fraudulent conduct, practice or representation, he shall be guilty of larceny.

(c) Upon conviction under this subsection, the person convicted is guilty of a felony and shall be committed to the custody of the * * * Department of Corrections for not less than one (1) nor more than five (5) years, and fined an amount not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00), or for not more than ten (10) years if the crime involves crossing the state line.

(2) In addition to any such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of any such stolen livestock. The measure for restitution in money shall be the amount of the actual financial loss to the owner of the livestock, including any loss of income, any court costs and attorney's fees incurred by the owner to recover the stolen livestock, the current replacement value of the stolen livestock if the livestock is not recovered, and any other costs incurred by the owner as a result of actions in violation of subsection (1) of this section.

(3) For purposes of this section, the following terms shall have the following meanings:

(a) "Livestock" means horses, cattle, swine, sheep and other domestic animals produced for profit.

(b) "Fraudulent conduct, practice or representation" under subsection (1) of this section includes, but is not limited to, the failure or refusal of the person to pay for livestock within thirty (30) days after the date the livestock was purchased or acquired with the consent of the agent, dealer, public livestock market or owner, or the date payment was due, whichever is later, with intent to permanently deprive the agent, dealer, public livestock market or owner.

(4) It shall be prima facie evidence of intent to permanently deprive as that term is used in subsection (1) of this section if the person, after the expiration of the applicable period defined in subsection (3)(b) of this section, fails to pay in full for or return the livestock within ten (10) days after notice is sent to the person demanding either payment in full or return of the livestock. The notice shall be sent by either registered or certified mail, return receipt requested, or actual delivery by a commercial courier, to the person's last-known address.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.