Senate Bill 2105

AN ACT TO AMEND SECTION 99-5-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY COURT TO ALLOW A DEFENDANT TO POST A CASH DEPOSIT NO LESS THAN 10% OF THE TOTAL BAIL AMOUNT IN LIEU OF A SURETY OR PROPERTY BOND, ONLY IF THE DEFENDANT MEETS CERTAIN REQUIREMENTS AND EXECUTES A SWORN AFFIDAVIT OF ELIGIBILITY; TO REQUIRE THE CLERK OF A COURT TO PROVIDE THE DEFENDANT WITH STATUTORY NOTICE PRIOR TO ACCEPTING ANY CASH BAIL; TO SET FORTH A FORM NOTICE TO BE USED BY COURT CLERKS; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) (a) 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 defendant has agreed.

(b) Any court may authorize a defendant to post a cash deposit no less than ten percent (10%) of the total bail amount in lieu of a surety or property bond, only if the defendant:

(i) Meets all of the conditions set out in the Mississippi Rules of Criminal Procedures; and

(ii) Executes a sworn affidavit affirming such eligibility.

(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 clerk of the court shall, prior to accepting any bail payment from the defendant, provide the defendant with written notice as prescribed in subsection (5) of this section. After acknowledging receipt of such notice in writing, 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.

(5) The clerk of the court shall provide written notice to the defendant of his or her options in posting bail, using the form prescribed in the Mississippi Rules of Criminal Procedure or the form prescribed in subsection (6) of this section if the Rules do not prescribe a substantially identical form. The notice shall be provided in a clear and conspicuous manner, and the defendant shall sign an acknowledgment of receipt before making any bail payment.

(6) The notice form required under subsection (5) shall be substantially in the following form:

"STATUTORY FORM

(As prescribed in Section 99-5-9(6))

NOTICE OF BAIL OPTIONS

Section 99-5-9, Mississippi Code of 1972

To: ______________________________

(Defendant's Name)

Case Number: _____________________

Court: ___________________________

IMPORTANT NOTICE REGARDING YOUR BAIL OPTIONS

The court has set your bail in the amount of $_______________. You have been informed that you may deposit a lesser amount of $_______________ as cash bail.

"YOU HAVE THE FOLLOWING OPTIONS FOR POSTING BAIL:

Option 1: Cash Bail

You may deposit $_______________ in cash with the court.

Option 2: Professional Bail Agent

Under Mississippi law, you may post bail through a professional bail agent (bail bondsman). The bail agent will post a bond in an amount equal to one-fourth (1/4) of the full bail amount set by the court OR the amount of the reduced cash deposit allowed, whichever is GREATER.

IMPORTANT: When using a bail agent, you will typically pay a non-refundable premium of ten percent (10%) of the amount of bail plus Fifty Dollars ($50.00) per bond charge with a minimum fee of One Hundred Fifty Dollars ($150.00) for Mississippi residents. A premium of fifteen percent (15%) is charged to out-of-state residents plus Fifty Dollars ($50.00) per bond charge. You do NOT pay the full bond amount to the bail agent. In some instances, the bail agent may require additional security. You should consult with an approved bail agent for specifics in this regard.

In your case:

Full bail amount: $_______________

One-fourth (1/4) of full bail amount: $_______________

Reduced cash deposit amount: $_______________

Bond amount through bail agent: $_______________

Estimated premium you would pay to bail agent:

$_______________ (Mississippi residents)

$_______________ (out-of-state residents)

NOTE: The bail agent's premium is typically non-refundable, even if your case is dismissed or you are found not guilty. If you choose to use a professional bail agent, you will need to contact a licensed bail agent directly. You should discuss all terms, conditions, fees and collateral requirements with the bail agent before entering into any agreement.

YOU MUST MAKE YOUR CHOICE BEFORE POSTING BAIL.

ACKNOWLEDGMENT OF RECEIPT

I acknowledge that I have received this notice and understand my bail options as explained above. I understand that I have the right to post bail either by cash deposit or through a professional bail agent as described in this notice.

______________________________ Date: _______________

Defendant Signature

______________________________ Date: _______________

Clerk of Court"

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.