Bill Text: MS HB496 | 2023 | Regular Session | Introduced

Mississippi House Bill 496 (Prior Session Legislation)

Introduced

Bill Title: Motor Vehicle Theft Recovery Fund; create.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2023-01-31 - Died In Committee [HB496 Detail]

Download: Mississippi-2023-HB496-Introduced.html

MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary B

By: Representative Foster

House Bill 496

AN ACT TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A SPECIALIZED UNIT WITH THE DEPARTMENT OF PUBLIC SAFETY TO COORDINATE EFFORTS TO REDUCE MOTOR VEHICLE THEFT AND INCREASE RESPONSE TO MOTOR VEHICLE THEFT; TO CREATE THE "MOTOR VEHICLE THEFT RECOVERY FUND"; TO AMEND SECTION 97-17-41, MISSISSIPPI CODE OF 1972, TO ADD AN ADDITIONAL ASSESSMENT FOR THOSE CONVICTED OF GRAND LARCENY TO BE DEPOSITED INTO THE "MOTOR VEHICLE THEFT RECOVERY FUND"; TO AMEND SECTION 97-3-117, MISSISSIPPI CODE OF 1972, TO ADD AN ADDITIONAL ASSESSMENT FOR THOSE CONVICTED OF CARJACKING TO BE DEPOSITED INTO THE "MOTOR VEHICLE THEFT RECOVERY FUND"; AND FOR RELATED PURPOSES.

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

SECTION 1. The Department of Public Safety is authorized to establish a specialized unit within the Department of Public Safety to coordinate efforts to reduce motor vehicle theft and increase response to motor vehicle theft. The efforts of the unit shall be funded from monies in the "Motor Vehicle Theft Recovery Fund." The Department of Public Safety, shall have the authority to promulgate the administrative rules that are necessary and proper to further carry out the purposes of this act.

SECTION 2. (1) There is created in the State Treasury a special fund to be known as the "Motor Vehicle Theft Recovery Fund." The administration and regulation of the fund shall be vested in the Department of Public Safety, and shall consist of:

(a) Monies appropriated by the Legislature;

(b) The interest accruing to the fund;

(d) Monies received from the federal government;

(e) Donations to the fund;

(f) Assessments collected pursuant to Section 83-39-31; (g) All other monies received by the state from every source for the support of this program; and

(h) Monies received from such other sources as may be provided by law.

(2) The monies in the fund shall be used by the Department of Public Safety, upon appropriation by the Legislature, to coordinate efforts to reduce motor vehicle theft and increase response to motor vehicle theft. Not more than ten percent (10%) of the monies from the fund may be used for administrative expenses and other expenses related to carrying out the provisions of this act; however, the total amount used for administrative and related expenses during a state fiscal year shall not exceed One Hundred Thousand Dollars ($100,000.00).

(3) Within six (6) months of the effective date of the act, the Department of Public Safety shall convene a committee comprised of persons described in this subsection (3) and chosen by the Commissioner of Public Safety to develop a strategic plan to coordinate the state's response to the theft of motor vehicles.

The committee members shall serve two (2) year terms. It shall consist of five (5) members, four of whom shall be chosen by the Commissioner of the Department of Public Safety. One (1) person shall be designated by the Attorney General. The following four (4) members shall be appointed by the Commissioner of the Department of Public Safety:

(a) A municipal law enforcement officer,

(b) A county law enforcement officer,

(d) A state highway patrol officer.

(4) By January 5 of each year, the Office of the Attorney General shall provide an itemized financial report to the Legislature and the State Auditor of all expenditures, statistical data regarding services that have been provided, with a geographical description included.

SECTION 3. Section 97-17-41, Mississippi Code of 1972, is amended as follows:

97-17-41. (1) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of One Thousand Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00), shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding five (5) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

(2) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

(3) (a) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

(b) In addition to the penalty assessed under the authority of paragraph (a) of this subsection (3) for each person convicted of taking and carrying away the personal property of another valued at Twenty-five Thousand Dollars ($25,000.00) or above, an assessment of Two Thousand Dollars ($2,000.00) shall be collected and deposited into the "Motor Vehicle Theft Recovery Fund".

(4) (a) Any person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of One Thousand Dollars ($1,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.

(b) Any person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

SECTION 4. Section 97-3-117, Mississippi Code of 1972, is amended as follows:

97-3-117. (1) Whoever shall knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means shall take a motor vehicle from another person's immediate actual possession shall be guilty of carjacking.

(a) A person who is convicted of carjacking shall be fined not more than Five Thousand Dollars ($5,000.00) and be committed to the custody of the State Department of Corrections for not more than fifteen (15) years.

(b) A person who is convicted of attempted carjacking shall receive the same punishment as the person who is convicted of carjacking.

(c) In addition to the penalty assessed under the authority of paragraph (a) of this subsection (1) for each person convicted of carjacking, an assessment of One Thousand Dollars ($1,000.00) shall be collected and deposited into the "Motor Vehicle Theft Recovery Fund".

(2) Whoever commits the offense of carjacking while armed with or having readily available any pistol or other firearm or imitation thereof or other dangerous or deadly weapon, including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade, razor, blackjack, billy, or metallic or other false knuckles, or any object capable of inflicting death or serious bodily harm, shall be guilty of armed carjacking.

(a) Any person who is convicted of armed carjacking shall be fined not more than Ten Thousand Dollars ($10,000.00) and be committed to the custody of the State Department of Corrections for not more than thirty (30) years.

(b) Any person who is convicted of attempted armed carjacking shall receive the same punishment as the person who is convicted of armed carjacking.

(c) In addition to the penalty assessed under the authority of paragraph (a) of this subsection (2) for each person convicted of carjacking, an assessment of Two Thousand Dollars ($2,000.00) shall be collected and deposited into the "Motor Vehicle Theft Recovery Fund".

(3) Any person convicted of a second or subsequent offense under this section shall be fined an amount up to twice that otherwise authorized and shall be imprisoned for a term up to twice the term otherwise authorized.

SECTION 5. This act shall take effect and be in force from and after July 1, 2023.