House Bill 639

AN ACT TO AMEND SECTION 97-23-99, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR THE GIVING AWAY OF RETAIL MERCHANDISE BY AN EMPLOYEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-23-99, Mississippi Code of 1972, is amended as follows:

97-23-99. (1) It shall be unlawful for any employee of a merchant engaged in the sale of goods to the public to willfully give away any merchandise of a value of less than * * *~~Two Hundred Fifty Dollars ($250.00)~~ One Thousand Dollars ($1,000.00) that is intended for sale without receiving full payment for such merchandise or to give away any merchandise without the specific authorization of the merchant. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both. In addition to the fine and/or imprisonment that may be ordered under this section, a judge may require such person to pay restitution in an amount equal to the value of the merchandise that was given away.

(2) It shall be unlawful for any employee of a merchant engaged in the sale of goods to the public to willfully give away, without receiving full payment, any merchandise of a value of One Thousand Dollars ($1,000.00) or more that was intended for sale without the specific authorization of the merchant. Any person violating the provision of this subsection shall be guilty of a felony, and upon conviction, shall be imprisoned in the Department of Corrections for a term not exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. In addition to the fine and/or imprisonment that may be ordered under this section, a judge may require such person to pay restitution in an amount equal to the value of the merchandise that was given away.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.