MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives Holland, Cameron, Chaney, Clark, Comans, Cummings, Davis (102nd), Dedeaux, Eaton, Ellzey, Formby, Foster, Franks, Gadd, Green (34th), Grist, Hamilton, Holden, Horne, Hudson, Huskey, Johnson, Ketchings, King, McCoy, McElwain, McInnis, Miles, Mitchell, Moody, Moss, Nettles, Read, Robinson (84th), Rogers, Rotenberry, Ryan, Saucier, Scott (17th), Short, Shows, Smith (35th), Smith (39th), Stribling, Taylor, Vince, Weathersby, Wells-Smith, Williams

AN ACT TO AMEND SECTION 99-35-115, MISSISSIPPI CODE OF 1972, TO RESTRICT THE GRANTING OF BAIL IN POST-CONVICTION SITUATIONS; 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 any offense in which a sentence of death or life imprisonment is imposed shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court. * * *

(2) A person convicted of arson or burglary of an occupied dwelling, or rape or robbery or kidnapping, in which a sentence of life imprisonment is not imposed, may be admitted to bail pending an appeal to the Supreme Court, within the discretion of a judicial officer, if the convict shows by clear and convincing evidence that (a) peculiar circumstances of the case render bail proper, (b) the appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the convict, is likely to result in reversal, (c) release of the convict would not constitute a special danger to any other person or to the community, and (d) a condition or a combination of conditions may be placed on release that will reasonably assure the appearance of the convict as required.

(3) A person convicted of any felony other than those enumerated in subsections (1) and (2) of this section shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, if the convict, by clear and convincing evidence, makes the showing required by subsection (2)(b), (c) and (d).

(4) If bail is denied under subsection (2) or (3), the judicial officer shall place the reasons for such denial of record in the case.

(5) For the purposes of this section:

(a) "Judicial officer" means the trial court or trial judge, a judge of the district in which the conviction occurred, the Supreme Court or a justice of the Supreme Court in vacation of the Court.

(b) "Peculiar circumstances" means circumstances in which detention pending appeal would cause, to a reasonable medical certainty, life-threatening results to the physical health of the convict.

(c) "Substantial legal question" means a close question, one of more substance than would be necessary to a finding that it was not frivolous. In assessing whether a substantial legal question has been raised on appeal, the judicial officer shall not be required to determine whether reversible error was committed.

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