2003 Regular Session
To: Judiciary B
By: Representative Whittington, Brown, Watson, McBride, Barnett (116th), Fredericks
AN ACT TO AMEND SECTION 99-5-37, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE TWENTY-FOUR-HOUR WAITING PERIOD FOR COURT APPEARANCES FOR ACTS OF MISDEMEANOR DOMESTIC VIOLENCE INCLUDES WEEKENDS AND HOLIDAYS; TO LIMIT BAIL SETTINGS TO MISDEMEANOR DOMESTIC VIOLENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-5-37, Mississippi Code of 1972, is amended as follows:
99-5-37. In any arrest for a misdemeanor which is an act of domestic violence, as defined in Section 97-3-7, no bail shall be granted until the person arrested has appeared before a judge of the court of competent jurisdiction. The defendant shall be brought before a judge at the first reasonable opportunity, not to exceed twenty-four (24) hours from the time of the arrest. In calculating the twenty-four (24) hours, weekends and holidays shall be included. The appearance may be by telephone. Upon setting bail in any case involving a misdemeanor which is an act of domestic violence, the judge shall give particular consideration to the exigencies of the case, including the potential for further violence, and shall impose any specific conditions as he or she may deem necessary.
SECTION 2. This act shall take effect and be in force from and after July 1, 2003.