MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary B

By: Representative Moak

House Bill 127

AN ACT TO AMEND SECTION 99-17-9, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION OF TRIAL IN THE ABSENCE OF THE ACCUSED; 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.  If the defendant * * * 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, 2004.