MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A
By: Representative Rushing
AN ACT TO AMEND SECTION 83-39-27, MISSISSIPPI CODE OF 1972, TO REVISE THE PROHIBITION ON A BAIL BONDSMAN GIVING LEGAL ADVICE OR LEGAL OPINION AND PROVIDE THAT SUCH ADVICE OR OPINION MUST RISE TO THE LEVEL OF PRACTICING LAW WITHOUT A LICENSE FOR IT TO BE CONSIDERED UNLAWFUL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-39-27, Mississippi Code of 1972, is amended as follows:
83-39-27. It is unlawful for a licensee to engage in any of the following activities:
(a) Specify, suggest or advise the employment of any particular attorney to represent his principal.
(b) Pay a fee or rebate or give or promise to give anything of value to a jailer, policeman, peace officer, clerk, deputy clerk, any other employee of any court, district attorney or any of his employees or any person who has power to arrest or to hold any person in custody.
(c) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any act on a bond, or as counsel to represent such bail agent, his agent or employees.
(d) Pay a fee or rebate or give or promise to give anything of value to the person on whose bond he is surety.
(e) Pay a fee or rebate or give or promise to give anything of value to any person, other than a soliciting bail agent, for the purpose of procuring a bail bond.
(f) Accept anything of value from a person on whose bond he is surety, or from others on behalf of such person, except the fee or premium on the bond, but the bail agent may accept collateral security or other indemnity.
(g) Coerce, suggest, aid and abet, offer promise of favor or threaten any person on whose bond he is surety or offers to become surety, to induce that person to commit any crime.
(h) Give legal advice
or a legal opinion * * * that would rise to the level of the licensee engaging in
the practice of law without a license in violation of Section 73-3-55.
(i) Refuse to return collateral security or other indemnity when the fee or premium on the bond has been fully paid or when the bail agent's obligation on the bond has been terminated.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.