MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary B

By: Representatives Willis, Taylor

House Bill 615

AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO REVISE CAR THEFT PENALTIES; 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 permanently or temporarily 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 * * *larceny a felony and shall be punished * * * based on the value of the motor vehicle involved according to the schedule in Section 97‑17‑41.  If the value of the motor vehicle involved is One Thousand Dollars ($1,000.00) or less, the person shall be punished according to the schedule in Section 97‑17‑43.for a term not exceeding ten (10) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00).

     (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 * * *twice the term authorized based on the value of the motor vehicle involved in the subsequent offense according to the schedule in Section 97‑17‑41 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, 2015.

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