2005 Regular Session
To: Judiciary B
By: Representative Upshaw
AN ACT TO AMEND SECTION 97-11-33, MISSISSIPPI CODE OF 1972, TO PROHIBIT PUBLIC EMPLOYEES AND OTHERS FROM TAKING ANYTHING OF VALUE FROM A BAIL AGENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-11-33, Mississippi Code of 1972, is amended as follows:
97-11-33. (1) If any judge, justice court judge, sheriff, deputy sheriff, sheriff's employee, constable, assessor, collector, clerk, county medical examiner, county medical examiner investigator, employee of the Mississippi Department of Corrections, employee of any contractor providing incarceration services or any other officer, shall knowingly demand, take or collect, under color of his office, any money, fee or reward whatever, not authorized by law, or shall demand and receive, knowingly, any fee for service not actually performed, such officer, so offending, shall be guilty of extortion, and, on conviction, shall be punished by fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both, and shall be removed from office.
(2) Any jailer, law enforcement officer, employee of a law enforcement agency or court, employee or agent of an independent contractor of a law enforcement agency or court or any trustee or inmate who takes anything of value from a bail agent or someone impersonating a bail agent, other than things provided uniformly to all persons similarly employed, shall be guilty of extortion and punished as provided in subsection (1) of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.