Tabled

COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2174

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

     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 fined not more than Ten Thousand Dollars ($10,000.00), or imprisoned in the custody of the Department of Corrections for a term of not less than five (5) years but not to exceed twenty (20) years, or both.

     (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 in the amount of damages caused to the vehicle and reasonable repair costs.

     (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 fined not more than Twenty Thousand Dollars ($20,000.00), or imprisoned in the * * * Penitentiary custody of the Department of Corrections 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 or shall be fined not more than Ten Thousand Dollars ($10,000.00) of not less than ten (10) years but not to exceed forty (40) years, or both.

(5)  Notwithstanding any other law to the contrary, the minimum terms imposed under this section shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of the minimum term of incarceration.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CRIME OF MOTOR VEHICLE THEFT SHALL BE A FELONY; TO REVISE THE PENALTIES FOR THE COMMISSION OF MOTOR VEHICLE THEFT; TO PROVIDE THAT THE MINIMUM TERMS IMPOSED UNDER THIS SECTION SHALL NOT BE REDUCED, SUSPENDED OR ELIGIBLE FOR PROBATION OR PAROLE; AND FOR RELATED PURPOSES.

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