Senate Bill 2484

AN ACT TO AMEND SECTION 41-43-53, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CRIMINAL PENALTY FOR EMBEZZLEMENT OR THEFT OF PERPETUAL CARE TRUST FUNDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-43-53, Mississippi Code of 1972, is amended as follows:

41-43-53. (1) Violation of any of the provisions of Sections 41-43-31 through 41-43-53 by any person, partnership, corporation or organization shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both.

(2) (a) Any person, partnership, corporation or organization that embezzles or fraudulently or knowingly and willfully misapplies or converts perpetual care trust funds shall, upon conviction, be punished as follows:

(i) If the amount embezzled, misapplied or converted is less than One Thousand Dollars ($1,000.00), by a fine of not more than Five Hundred Dollars ($500.00) and confinement in the county jail not more than one (1) year; or

(ii) If the amount embezzled, misapplied or converted is One Thousand Dollars ($1,000.00) or more, by imprisonment in the custody of the Mississippi Department of Corrections for a term of not more than ten (10) years.

(b) Each such violation shall constitute a separate offense.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.