Bill Text: MS SB2432 | 2019 | Regular Session | Introduced
Bill Title: Malicious mischief; create felony offense of damage to law enforcement surveillance equipment.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2019-02-05 - Died In Committee [SB2432 Detail]
Download: Mississippi-2019-SB2432-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division B
By: Senator(s) Dearing
Senate Bill 2432
AN ACT TO AMEND SECTION 97-17-67, MISSISSIPPI CODE OF 1972, TO CREATE THE SPECIFIC FELONY OFFENSE OF VANDALISM OF LAW ENFORCEMENT SURVEILLANCE SYSTEM EQUIPMENT UNDER MALICIOUS MISCHIEF; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-17-67, Mississippi Code of 1972, is amended as follows:
97-17-67. (1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.
( * * *a) If the value of the property
destroyed, disfigured or injured is One Thousand Dollars ($1,000.00) or less,
it shall be a misdemeanor and may be punishable by a fine of not more than One
Thousand Dollars ($1,000.00) or imprisonment in the county jail not exceeding
twelve (12) months, or both, if the court finds substantial and
compelling reasons why the offender cannot be safely and effectively supervised
in the community, is not amenable to community-based treatment, or poses a
significant risk to public safety. If such a finding is not made, the court
shall suspend the sentence of imprisonment and impose a period of probation not
exceeding one (1) year or a fine of not more than One Thousand Dollars
($1,000.00), or both. Any person convicted of a third or subsequent offense
under this subsection where the value of the property is not less than Five
Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount
not exceeding One Thousand Dollars ($1,000.00), or both.
( * * *b) If the value of the property
destroyed, disfigured or injured is in excess of One Thousand Dollars
($1,000.00) but less than Five Thousand Dollars ($5,000.00), or the property
is law enforcement surveillance system equipment of any sort, it shall be a
felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or
imprisonment in the Penitentiary not exceeding five (5) years, or both.
( * * *c)
If the value of the property is Five Thousand
Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), it shall be
punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or
imprisonment in the Penitentiary not exceeding ten (10) years, or both.
( * * *d) If the value of the property is
Twenty-five Thousand Dollars ($25,000.00) or more, it shall be punishable by a
fine of not more than Ten Thousand Dollars ($10,000.00) or imprisonment in the
Penitentiary not exceeding twenty (20) years, or both.
( * * *2) In all cases restitution to the
victim for all damages shall be ordered. The value of property destroyed,
disfigured or injured by the same party as part of a common crime against the
same or multiple victims may be aggregated together and if the value exceeds
One Thousand Dollars ($1,000.00), shall be a felony.
( * * *3) For purposes of this * * * section, value shall be the cost
of repair or replacement of the property damaged or destroyed.
( * * *4) Anyone who by any word, deed or act
directly or indirectly urges, aids, abets, suggests or otherwise instills in
the mind of another the will to so act shall be considered a principal in the
commission of said crime and shall be punished in the same manner.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
