MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Chaney

AN ACT TO AMEND SECTIONS 99-35-1, 99-35-3, 99-35-7, 99-35-101 AND 99-35-115, MISSISSIPPI CODE OF 1972, TO PROHIBIT RELEASE PENDING APPEAL OF A CONVICTION OF A CRIME OF VIOLENCE; AND FOR RELATED PURPOSES. 

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

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

99-35-1. In all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county, in counties in which a county court is in existence, or the circuit court of the county, in counties in which a county court is not in existence, which shall stay the judgment appealed from. Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal. The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).

On appearance of the appellant in the circuit court the case shall be tried anew and disposed of as other cases pending therein.

No release shall be granted pending appeal for any person convicted of a crime of violence. For the purpose of this section, "crime of violence" means any criminal act which results in death or physical harm to another or an attempt to cause death or physical harm to another.

SECTION 2. Section 99-35-3, Mississippi Code of 1972, is amended as follows:

99-35-3. The appellant if sentenced to imprisonment for an offense or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment pending his appeal, unless he is convicted of a "crime of violence" as defined in Section 99-35-1, by giving bond with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the justice court judge or municipal judge, payable to the state in the penalty of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), except for the violation of any of the criminal statutes of Mississippi prohibiting the sale and possession of intoxicating liquors, when the bond shall not be less than One Hundred Fifty Dollars ($150.00), nor more than One Thousand Dollars ($1,000.00), to be determined by the justice court judge or municipal judge in reference to the grade of the offense as indicated by the judgment and ability of the appellant to give bond, conditioned to appear before the appellate court at the next term after such appeal shall be taken, to answer to the charge against him, and so to continue until discharged. On default of defendant a forfeiture shall be entered against him and his sureties.

SECTION 3. Section 99-35-7, Mississippi Code of 1972, is amended as follows:

99-35-7. Any person who shall have been convicted of a criminal offense against the laws of this state, by the judgment of a justice court, or by a municipal court for the violation of an ordinance of the municipality, who by reason of his poverty is not able to give bond as prescribed in Section 99-35-3, may nevertheless appeal from such conviction, unless he is convicted of a "crime of violence" as defined in Section 99-35-1, on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment, nor discharge the appellant from custody, but the judgment shall be executed as if an appeal had not been taken, unless the presiding judge of the appellate court shall, for good reason, see fit to stay the execution of the judgment rendered by the court below by ordering the release of the defendant on his own recognizance, and this shall not affect the trial of the case anew in the appellate court.

SECTION 4. Section 99-35-101, Mississippi Code of 1972, is amended as follows:

99-35-101. Any person convicted of an offense in a circuit court may appeal to the Supreme Court, provided, however, an appeal from the circuit court to the Supreme Court shall not be allowed in any case where the defendant enters a plea of guilty and no person shall be released pending appeal from a conviction of a "crime of violence" as defined in Section 95-35-1.

SECTION 5. Section 99-35-115, Mississippi Code of 1972, is amended as follows:

99-35-115. (1) A person convicted of treason, murder, rape, arson, burglary, robbery or a "crime of violence" as defined in Section 99-35-1 shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court, unless it be so ordered 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 6. This act shall take effect and be in force from and after its passage.