MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Judiciary B

By: Representative Moak

House Bill 84

(As Sent to Governor)

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 (a) if the defendant is in custody and consenting thereto, or (b) is on recognizance or bail, has been arrested and escaped, or has been notified in writing by the proper officer of the pendency of the indictment against him, and resisted or fled, or refused to be taken, or is in any way in default for nonappearance, the trial may progress at the discretion of the court, and judgment made final and sentence * * * 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, 2005.