1997 Regular Session
By: Senator(s) Turner
Senate Bill 2539
AN ACT TO AMEND SECTION 99-17-9, MISSISSIPPI CODE OF 1972, TO PROVIDE TRIAL IN ABSENTIA FOR A DEFENDANT WHO HAS RECEIVED ACTUAL NOTICE OF A TRIAL SETTING AND THAT HE MAY BE TRIED IN ABSENTIA; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-17-9, Mississippi Code of 1972, is amended as follows:
99-17-9. In criminal cases the presence of the prisoner may be waived, and the trial progress, at the discretion of the court, in his absence, if he be in custody and consenting thereto or if the record of the case shows he received both actual notice of the trial setting and actual notice he may be tried in absentia should he fail to appear for trial at the appointed time. If the defendant, in cases less than felony, be on recognizance or bail or have been arrested and escaped, or have been notified by the proper officer of the pendency of the indictment against him, and resisted or fled, or refused to be taken, or be in any way in default for nonappearance, the trial may progress at the discretion of the court, and judgment final and sentence be awarded as though such defendant were personally present in court.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.