1998 Regular Session
To: Fees, Salaries and Administration
By: Senator(s) Gordon
Senate Bill 2971
(As Passed the Senate)
AN ACT TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO REVISE THE FEES WHICH MAY BE CHARGED BY MARSHALS AND CONSTABLES; TO REMOVE THE REPEALER ON THE PROVISION WHICH AUTHORIZES CONSTABLES TO RECEIVE PAYMENTS FOR COLLECTING DELINQUENT CRIMINAL FINES IN JUSTICE COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-7-27, Mississippi Code of 1972, is amended as follows:
25-7-27. (1) Marshals and constables shall charge the following fees:
(a) A uniform total fee in all cases, civil and criminal, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each $ 25.00
Provided, however, that in all cases where * * * more than one (1) defendant is served simultaneously at the same location, for service on each additional defendant $ 5.00
(b) Provided, however, that after final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee $ 25.00
(c) Conveying a person charged with a crime to jail, a mileage reimbursement at the same rate paid by the board of supervisors to other county employees for use of their private vehicles for county business, to be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution or the person is convicted but is not able to pay the costs.
(d) For other service, the same fees allowed sheriffs for similar services.
(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the per diem compensation provided under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session.
(f) For service as a bailiff in any court in a criminal case, to be paid by the county on allowance of the court on issuance of a warrant therefor, for each day or part thereof,
for which he serves as bailiff when the court is
in session $ 40.00
(g) For serving all warrants and other process, attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually * * *
However, when the number of failed state cases reaches sixty (60), the board of supervisors shall pay to the marshal or constable an additional fee of Five Hundred Dollars ($500.00), and for each additional twenty (20) failed cases thereafter, an additional fee of Five Hundred Dollars ($500.00). However, the total fee paid to the marshal or constable pursuant to this paragraph (g) shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) per fiscal year. The justice court clerk shall report monthly to the board of supervisors the number of state cases in which the state fails in the prosecution.
(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.
(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3). * * *
SECTION 2. The Attorney General of the State of Mississippi is directed to submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or October 1, 1998, whichever occurs later.