2007 Regular Session
To: Judiciary, Division B
By: Senator(s) White
AN ACT TO AMEND SECTION 99-5-1, MISSISSIPPI CODE OF 1972, TO REVISE FORM REQUIREMENTS FOR BAIL; TO AMEND SECTION 99-5-9, MISSISSIPPI CODE OF 1972, TO REVISE CASH BAIL BOND; TO CREATE SECTION 99-5-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN APPEARANCE BOND AS A CONDITION OF ANY PROBATION, COMMUNITY CONTROL, PAYMENT PLAN FOR ANY FINE IMPOSED OR ANY OTHER COURT ORDERED SUPERVISION; TO PROVIDE FOR NOTICE TO THE BAIL AGENT; TO PROVIDE FOR THE CONDITIONS OF FORFEITURE OF THE BOND; 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,
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 ______________.
When the bail is for appearance before any committing court or a judge, the form may be varied to suit the condition.
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 and 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 may have their license suspended up to six (6) months and/or be fined not more than One Thousand Dollars ($1,000.00) for the first offense, may have their license suspended up to one (1) year and/or be fined not more than Five Thousand Dollars ($5,000.00) for the second offense and shall have their license permanently revoked if they commit a third offense.
SECTION 2. Section 99-5-9, Mississippi Code of 1972, is amended as follows:
99-5-9. (1) In addition to any type of bail allowed by statute, any committing court, in its discretion, may allow any defendant, to whom bail is allowable, to deposit cash as bail bond in lieu of a surety or property bail bond, by depositing such cash sum as the court may direct with the sheriff or officer having custody of defendant, who shall receipt therefor and who shall forthwith deliver the said monies to the county treasurer, who shall receipt therefor in duplicate. The sheriff, or other officer, upon receipt of the county treasurer, shall forthwith deliver one (1) copy of such receipt to the committing court who shall then order the release of such defendant.
(2) The order of the court shall set forth the conditions upon which such cash bond is allowed and shall be determined to be the agreement upon which the bailee has agreed.
(3) The sums received by the county treasurer shall be deposited by him in a special fund to be known as "Cash Bail Fund," and shall be received by him subject to the terms and conditions of the order of the court.
(4) If the committing court authorizes bail by a cash deposit under subsection (1) of this section, but anyone authorized to release a criminal defendant allows the deposit of an amount less than the full amount of the bail ordered by the court, the defendant may post bail by a professional bail agent in an amount equal to one-fourth (1/4) of the full amount fixed under subsection (1) or the amount of the actual deposit whichever is greater.
SECTION 3. The following shall be codified as Section 99-5-39, Mississippi Code of 1972:
99-5-39. (1) As a condition of any probation, community control, payment plan for any fine imposed or any other court ordered supervision, the court may order the posting of a bond to secure the appearance of the defendant at any subsequent court proceeding or to otherwise enforce the orders of the court. The appearance bond shall be filed by a duly licensed professional bail agent with the court or with the sheriff who shall provide a copy to the clerk of court.
(2) The court may issue an order sua sponte or upon notice by the clerk or the probation officer that the person has violated the terms of probation, community control, court ordered supervision or other applicable court order to produce the defendant. Upon seventy-two (72) hours' notice by the court or the clerk of court, the bail agent shall surrender the defendant in open court or to the sheriff. If the bail agent fails to produce the defendant in court or to the sheriff at the time noticed by the court or the clerk of court, the bond shall be forfeited according to the procedures set forth in Section 99-5-25. The defendant's failure to appear shall be the sole grounds for forfeiture of the appearance bond.
(3) The provisions of Sections 83-39-1 et seq. and 99-5-1 et seq. shall govern the relationship between the parties except where they are inconsistent with this section.
SECTION 4. This act shall take effect and be in force from and after July 1, 2007.