1998 Regular Session
By: Representative Comans
House Concurrent Resolution 43
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, MISSISSIPPI CONSTITUTION OF 1890, TO PROHIBIT THE GRANTING OF BAIL TO ANY PERSON CHARGED WITH A FELONY OFFENSE.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 29, Mississippi Constitution of 1890, to read as follows:
"Section 29. (1) Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for felony offenses as described in subsection (2).
(2) If a person charged with committing any offense that is punishable by death, life imprisonment or imprisonment for one (1) year or more in the penitentiary or any other state correctional facility is granted bail and (a) if that person is indicted for a felony committed while on bail; or (b) if the court, upon hearing, finds probable cause that the person has committed a felony while on bail, then the court shall revoke bail and shall order that the person be detained, without further bail, pending trial of the charge for which bail was revoked. For the purposes of this section, the term "felony" means any offense punishable by death, life imprisonment or imprisonment for more than five (5) years under the laws of the jurisdiction in which the crime is committed. In addition, grand larceny shall be considered a felony for the purposes of this subsection.
(3) In the case of offenses punishable by imprisonment for less than five (5) years, a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense 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.
(4) In any case where bail is denied before conviction, the judge shall place in the record his reasons for denying bail. Any person who is charged with an offense punishable by imprisonment for less than five (5) years and who is denied bail before conviction shall be entitled to an emergency hearing before a justice of the Mississippi Supreme Court. The provisions of this subsection (4) do not apply to bail revocation orders."
BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 1998, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment would deny the granting of bail to any person charged with an offense punishable by death, life imprisonment or imprisonment for more than five (5) years."