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 * * *, either without the consent of the * * * other to the taking, or by means of fraudulent conduct, practices or representations owner, he shall be guilty of larceny * * *, regardless of the value of the livestock.

          (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, * * * such the person convicted is guilty of a felony and shall be committed to the custody of the * * *State Department of Corrections for not less than * * * twelve (12) months 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" * * *shall mean 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.