MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Blackmon (By Request)

AN ACT TO PROVIDE FOR THE APPREHENSION OF BAIL FUGITIVES; TO DEFINE CERTAIN TERMS; TO SPECIFY RULES OF PROCEDURE AND CONDUCT OF A BAIL LICENSEE WHEN APPREHENDING BAIL FUGITIVES; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTIONS 99-5-27 AND 99-5-29, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) "Bail fugitive" means a defendant in a pending criminal case who has been released from custody under a financially secured appearance bond and has had such bond declared forfeit or who has violated a bond condition whereby apprehension and reincarceration are permitted.

(b) "Bail licensee" means a retail seller of criminal court appearance bonds who is duly authorized to operate in such capacity in this state.

(c) "Person" means an individual, partnership, corporation or any other legally recognized business association.

SECTION 2. (1) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter or other similar title in this state.

(2) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain or arrest a principal on a bond, wherever issued, unless that person is a fully qualified bail licensee in this or another state.

(3) Any person who violates any provision of this section commits a felony and upon conviction shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than two (2) years, or both.

SECTION 3. (1) In performing a bail fugitive apprehension bail licensee shall comply with all laws applicable to such apprehension.

(2) The bail licensee, when apprehending a bail fugitive, operates solely on his own and in his own interest except when contracted by another bail licensee to apprehend a particular bail fugitive and in such instance he shall be acting exclusively on the behalf of the contracting bail licensee.

(3) Before apprehending a bail fugitive, a bail licensee must have in his possession proper documentation of authority to apprehend.

(4) The bail licensee shall not represent himself in any manner as being a police officer or public official of any type. No apparel or equipment such as a badge shall be used that could mislead anyone to believe that the bail licensee is a public official. Paramilitary dress and masks are prohibited.

(5) The bail licensee shall notify local law enforcement of his intent to apprehend a bail fugitive prior to taking any action.

(6) The bail licensee shall request local law enforcement help and shall make the arrest personally only if a local, state or federal law enforcement agent cannot or will not make the arrest.

(7) Unless entry is refused, the bail licensee shall not forcibly enter a premises unless identification of the bail fugitive has been made.

(8) The bail licensee shall not carry a firearm unless property licensed to do so, and no firearm will be drawn or discharged unless the bail licensee has good reason to believe that licensee or a member of the public is in imminent physical danger.

(9) Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00).

SECTION 4. Section 99-5-27, Mississippi Code of 1972, is amended as follows:

99-5-27. (1) (a) "Surrender" means the delivery of the defendant, principal on bond, physically to the sheriff or chief of police or in his absence, his jailer, and it is the duty of the sheriff or chief of police, or his jailer, to accept the surrender of the principal when presented and such act is complete upon the execution of verbal or written surrender notice presented by bail and shall relieve bail of liability on principal's bond.

(b) Bail may surrender principal if principal is found to be detained on another charge, or if principal is found incarcerated in another jurisdiction, bail may surrender him by verbal or written notice of surrender to the sheriff or chief of police, or his jailer, of that jurisdiction and the notice of surrender shall act as a "Hold Order" and upon presentation of written surrender notice to the court of proper jurisdiction, the court shall order a "Hold Order" placed on the principal for the court and shall relieve bail of liability on principal's bond.

(c) The surrender of principal by bail, within the time period provided in Section 99-5-25, shall serve to discharge its liability to the State of Mississippi and any of its courts; but if this be done after forfeiture of the bond or recognizance, the court shall set aside the judgment nisi or final judgment upon filing of surrender notice by bail.

(2) (a) Bail, or its agent, at any time, may surrender its principal to any law enforcement agency or in open court in discharge of its liability on the principal's bond if the law enforcement agency that was involved in setting the original bond approves of such surrender, to the State of Mississippi and any of its courts and at any time may arrest and transport its principal anywhere or may authorize another to do so, may be assisted by any law enforcement agency or its agents anywhere upon request of bail and may receive any information available to law enforcement or the courts pertaining to the principal for the purpose of safe surrender or for any reasonable cause in order to safely return the principal to the custody of law enforcement and the court.

(b) Bail, or its agent, at any time, may arrest its principal anywhere or authorize another to do so for the purpose of surrender of the principal on bail bond. Failure of the sheriff or chief of police or his jailer, any law enforcement agency or its agents or the court to accept surrender by bail or its agent shall relieve bail of any liability on principal's bond, and the bond shall be held for naught.

(3) Bail, or its agent, at any time, upon request by the defendant or others on behalf of the defendant, may privately interview the defendant to obtain information to help with surrender before posting any bail bond on behalf of the defendant. All licensed bail agents shall have equal access to jails or detention facilities for the purpose of such interviews, the posting of bail bonds and the surrender of principal.

(4) Upon surrender, the court, after full review of the defendant and the pending charges, in open court, may discharge the prisoner on his giving new bail, but if he does not give new bail, he shall be detained in jail.

(5) A bail fugitive may be apprehended as provided in Sections 1 through 3 of House Bill No. , 1998 Regular Session.

SECTION 5. Section 99-5-29, Mississippi Code of 1972, is amended as follows:

99-5-29. The sheriff or a constable in a proper case, upon the request of a surety in any bond or recognizance, and tender of the legal fee for executing a capias in a criminal case, and the production of a certified copy of the bond of recognizance, shall arrest, within his county, the principal in the bond or recognizance. The surety or his agent shall accompany the officer to receive the person. A bail fugitive may be apprehended as provided in Sections 1 through 3 of House Bill No. , 1998 Regular Session.

SECTION 6. This act shall take effect and be in force from and after its passage.