Bill Text: MS SB2820 | 2026 | Regular Session | Introduced

Mississippi Senate Bill 2820

Introduced

Bill Title: Misappropriation of funds; criminalize failure to pay utility services in accordance with lease.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2820 Detail]

Download: Mississippi-2026-SB2820-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Mumford

Senate Bill 2820

AN ACT TO PROHIBIT A PERSON WHO HAS RECEIVED PAYMENT IN ACCORDANCE WITH A LEASE TO PAY UTILITY SERVICES FROM KNOWINGLY FAILING TO PAY OR USING AN AGENT OR EMPLOYEE TO USE ANY DECEPTION TO NOT PAY THE AMOUNT OWED TO THE UTILITY SERVICE; TO PROVIDE CRIMINAL PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) No person who has received money or payment in accordance with a lease contract or rental agreement to pay utility services shall knowingly:

(a) Fail to apply the money or payment as necessary to satisfy the amount owed for the utility services within sixty (60) days of the person's receipt of the bill for utility services.

(b) Use or cause an agent or employee to use any deception, false pretense, or false promise in the failure to apply the money or payment as necessary to satisfy the amount owed for the utility services.

(2) (a) When the misappropriation or taking amounts to a value of Twenty-five Thousand Dollars ($25,000.00) or more, the offender, upon conviction, shall be imprisoned for not more than twenty (20) years, fined not more than Fifty Thousand Dollars ($50,000.00), or both.

(b) When the misappropriation or taking amounts to a value of Five Thousand Dollars ($5,000.00) or more, but less than a value of Twenty-five Thousand Dollars ($25,000.00), the offender, upon conviction, shall be imprisoned for not more than ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both.

(c) When the misappropriation or taking amounts to a value of One Thousand Dollars ($1,000.00) or more, but less than a value of Five Thousand Dollars ($5,000.00), the offender, upon conviction, shall be imprisoned for not more than five (5) years, fined not more than Three Thousand Dollars ($3,000.00), or both.

(d) (i) When the misappropriation or taking amounts to less than a value of One Thousand Dollars ($1,000.00), the offender, upon conviction, shall be imprisoned for not more than six (6) months in the county jail, fined not more than One Thousand Dollars ($1,000.00), or both.

(ii) If the offender convicted under subparagraph (i) of this paragraph has been convicted two (2) or more times previously, upon any subsequent conviction, the offender shall be imprisoned for not more than two (2) years, fined not more than Two Thousand Dollars ($2,000.00), or both.

(e) In addition to the penalties provided in paragraphs (a) through (d) of this subsection, a person convicted under the provisions of this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense pursuant to Chapter 37, Title 99, Mississippi Code of 1972.

(3) The provisions of this section shall not apply if the person who has received money or payment for utility services is unable to pay the bill for utility services because either:

(a) The tenant or lessee has failed to timely pay sufficient funds to satisfy the specific amount owed in the bill for utility services.

(b) The reason for the delay in receipt of either the bill or payment for utility services is due to an administrative, clerical, or technical error or omission on behalf of the company providing utility services.

(4) For purposes of this section:

(a) "Person" means a natural or juridical person, including, but not limited to, a sole proprietorship, corporation, company, limited liability company, partnership, limited liability partnership, trust, incorporated or unincorporated association, or any other individual or entity. "Person" shall also include any representative, director, trustee, agent, or officer of a juridical person who is authorized and responsible for making payments for utility services.

(b) "Utility services" means any water, electricity, gas, heat, or sewer services, whether privately, municipally, cooperatively, or investor-owned.

SECTION 2. This act shall take effect and be in force from and after its passage.