Bill Text: MS SB2174 | 2024 | Regular Session | Enrolled
Bill Title: Motor vehicle theft; revise penalty for.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2024-05-08 - Approved by Governor [SB2174 Detail]
Download: Mississippi-2024-SB2174-Enrolled.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane, Hill, Parker, McLendon
Senate Bill 2174
(As Sent to Governor)
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 AN ALTERNATE PENALTY FOR A PERSON CONVICTED UNDER THIS SECTION WHERE THE MOTOR VEHICLE WAS IN THE POSSESSION OF A COMMERCIAL ENTITY IN THE BUSINESS OF BUYING, SELLING, LEASING, RENTING, STORING OR TRANSPORTING MOTOR VEHICLES; TO DEFINE THE TERM "MOTOR VEHICLE"; 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 * * *
a felony and shall be * * * fined not more than Ten
Thousand Dollars ($10,000.00) or imprisoned in the custody of the Department of
Corrections for a term not to exceed fifteen (15) 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 * * * 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.
(5) Notwithstanding the penalties authorized in subsections (1) and (4) of this section, the penalty for a person convicted of an offense under this section where the motor vehicle was in the possession of a commercial entity in the business of buying, selling, leasing, renting, storing or transporting motor vehicles shall be instead a fine of not more than Twenty Thousand Dollars ($20,000.00) or imprisonment in the custody of the Department of Corrections for a term of not less than ten (10) years but not to exceed thirty (30) years, or both.
(6) As used in this section, "motor vehicle" includes every self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a highway and shall also include any and all other land-based, self-propelled devices which are not designed for use upon a highway, including, but not limited to, farm machinery, construction equipment, all-terrain vehicles and off-road vehicles.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
