MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives Formby, King

AN ACT TO AMEND SECTION 99-35-115, MISSISSIPPI CODE OF 1972, TO PROHIBIT BAIL PENDING APPEAL FOR CERTAIN FELONY CONVICTIONS; AND FOR RELATED PURPOSES.  

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

SECTION 1. Section 99-35-115, Mississippi Code of 1972, is amended as follows:

99-35-115. (1) A person convicted of treason, murder, rape, kidnapping, selling or distributing controlled substances, possession with intent to sell or distribute controlled substances, carjacking, arson, burglary of an occupied dwelling or robbery shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court, unless it be so ordered for burglary other than burglary of an occupied dwelling by the court in which conviction is had, or by the Supreme Court, or by the judge who presided at the conviction, or the judge of the district in which conviction was had, or a judge of the Supreme Court in vacation of said court; and the making of such order shall be a matter of discretion with either the court or judge to be exercised with the greatest caution, and only when the peculiar circumstances of the case render it proper.

(2) A person convicted of any felony other than those enumerated in subsection (1) of this section shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, except that the trial judge may deny bail to such person pending his appeal upon making a determination that the release of such person would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required. In the event a trial judge denies bail to such convicted person, the judge shall place his reasons for such denial of record in the case. Upon a denial of bail pursuant to this subsection, such person shall have the right to apply to a justice of the Supreme Court for an emergency hearing.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.