MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Judiciary B

By: Representative Rogers (61st)

House Bill 891

AN ACT TO AMEND SECTION 99-5-1, MISSISSIPPI CODE OF 1972, TO REVISE REQUIREMENTS REGARDING THE FORM OF BAIL; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 99-5-1, Mississippi Code of 1972, is amended as follows:

     99-5-1.  Bail may be taken in the following form, viz.:

     "State of Mississippi,

     ______________ County.

     We ______________, principal, and _______________ and ______________, sureties, agree to pay the State of Mississippi ______________ Dollars, unless the said ______________ shall appear at the next term of the circuit court of ______________ county, and there remain from day to day and term to term until discharged by law, to answer a charge of ______________.

                                  Signed _______________________

                                        _______________________

Approved_________________

________________________"

 * * *

     When a bond is taken from a professional bail agent, the following must be preprinted or stamped clearly and legibly on the bond form; full name of the professional bail agent, Department of Insurance license number, full and correct legal address of the professional bail agent, complete phone number of the professional bail agent.  In addition, if the bond is posted by a limited surety professional bail agent, the name of the insurer, the legal address of the insurer on file with the department and phone number of the insurer must be preprinted or stamped, and a true and correct copy of an individual's power of attorney authorizing the agent to post such bond shall be attached.

     If the bond is taken from a soliciting bail agent, the full name of the soliciting bail agent and the license number of such agent must be preprinted or stamped clearly and legibly along with all information required for a professional bail agent and a true and correct copy of an individual's power of attorney authorizing such soliciting bail agent to sign the name of the professional bail agent.

     Any professional bail agent and/or soliciting bail agents who issue a bail bond that does not contain this required information shall have their license permanently revoked.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.