Bill Text: MS HB178 | 2013 | Regular Session | Introduced
Bill Title: Agricultural crimes; revise crime of livestock theft.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-03-25 - Approved by Governor [HB178 Detail]
Download: Mississippi-2013-HB178-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representative Shows
House Bill 178
AN ACT TO AMEND SECTION 97-17-53, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF THEFT OF LIVESTOCK TO INCLUDE THE KNOWING AND WILLFUL STEALING OR CARRYING AWAY OF LIVESTOCK OF ANY VALUE AS LARCENY; TO PROVIDE THAT PERSONS SUBJECT TO CERTAIN PROVISIONS OF THE PACKERS AND STOCKYARDS ACT WHO FAIL TO MAKE FULL PAYMENT FOR LIVESTOCK OBTAINED FROM A COMMISSION MERCHANT OR LIVESTOCK OWNER ARE PRESUMED TO HAVE COMMITTED FRAUDULENT CONDUCT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-17-53, Mississippi Code of 1972, is amended as follows:
97-17-53. (1) (a)
If any person shall knowingly, willfully and feloniously take, steal
and carry away livestock of any value belonging to another * * * without the consent of the * * *
owner, he shall be guilty of larceny * * *.
(b) If any person shall obtain livestock of any value belonging to another by means of any fraudulent conduct, practice or representation, he shall be guilty of larceny.
(c) Upon
conviction under this subsection, * * * the person convicted is
guilty of a felony and shall be committed to the custody of the * * * Department of Corrections for not less
than * * * one (1) year nor more
than five (5) years, and fined an amount not less than One Thousand Five
Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00).
(2) In addition to any such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of any such stolen livestock. The measure for restitution in money shall be the amount of the actual financial loss to the owner of the livestock, including any loss of income, any court costs and attorney's fees incurred by the owner to recover the stolen livestock, the current replacement value of the stolen livestock if the livestock is not recovered, and any other costs incurred by the owner as a result of actions in violation of subsection (1) of this section.
(3) For purposes of this
section, the term "livestock" * * * means horses, cattle, swine,
sheep and other domestic animals produced for profit.
(4) Any person subject to Section 409 of the Packers and Stockyards Act, 7 USCS Section 228b, that obtains livestock from a commission merchant or livestock owner by representing that the person will make prompt payment is presumed to have obtained the livestock by means of fraudulent conduct, practice or representation if the person fails to make payment in full in accordance with the provisions of Section 409 of the Packers and Stockyards Act.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
