MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives Rogers, Mitchell

AN ACT TO AMEND SECTION 83-39-29, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR CERTAIN VIOLATIONS BY BAIL AGENTS; TO CREATE A NEW SECTION IN CHAPTER 5 OF TITLE 99, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFENSE OF "FAILURE TO APPEAR"; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 83-39-29, Mississippi Code of 1972, is amended as follows:

83-39-29. (1) Upon written notification of any alleged violation of any provision of Chapter 39 of Title 83 to the department, the commissioner shall report the allegation to the Office of the Attorney General with any information the department receives in order that proper legal action may be pursued.

(2) Any licensee who violates any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than Two Thousand Dollars ($2,000.00) or imprisonment in the county jail for not more than one (1) year, or both.

(3) Any insurer violating any provision of Chapter 39 of Title 83 may be fined in an amount not to exceed Fifty Thousand Dollars ($50,000.00).

(4) Any public official, whether elected or appointed, who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than Two Thousand Dollars ($2,000.00) or imprisonment in the county jail for not more than one (1) year, or both.

(5) Any person who acts or attempts to act as a * * *

bail agent * * * as defined in this chapter and who is not licensed under this chapter is guilty of a felony and, upon conviction, shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00) or imprisonment by the Department of Corrections for not more than ten (10) years, or both.

SECTION 2. The following section shall be codified in Chapter 5 of Title 99, Mississippi Code of 1972:

The purpose of bail is to guarantee appearance and bail shall not be forfeited for any other reason. Any person charged with a criminal violation who has obtained his release from custody by having a professional bail agent, insurer, agent of such bail agent or insurer, or any person other than himself furnish his bail bond and who fails to appear in court at the time and place ordered by the court causing the court to order the bail forfeited and a bench warrant issued at the time of nonappearance is guilty of "Failure to Appear", commonly known as "Bond Jumping", and an additional warrant for the new offense of "Failure to Appear", or "Bond Jumping", shall be issued immediately by the court of nonappearance and, upon conviction, such person shall be subject to the following sentencing guidelines:

(a) If the crime for which the defendant failed to appear in court was a misdemeanor, the defendant shall be subject to a fine of not more than Two Thousand Dollars ($2,000.00) or imprisonment in the county jail for not more than one (1) year, or both.

(b) If the crime for which the defendant failed to appear in court was a felony, the defendant shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00) or imprisonment by the Mississippi Department of Corrections for not more than ten (10) years, or both.

(c) Upon conviction under either paragraph (a) or (b) of this section by order of the court, the defendant shall be ordered to make full payment of restitution for all reasonable documented expenses incurred returning the defendant to court by any law enforcement agency or by the surety on the bail bond.

(d) Failure of the prosecutor or law enforcement to pursue the prosecution of the defendant on the bench warrant or the "Failure to Appear", or "Bond Jumping", shall exonerate the surety of any liability on the defendant's bail bond and the bail bond shall be held for naught.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.