Senate Bill 2106

AN ACT TO AMEND SECTION 99-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO BAIL MAY BE GIVEN BY A SURETY COMPANY FOR A DEFENDANT CHARGED WITH A CRIME OF VIOLENCE LISTED UNDER SECTION 97-3-2 UNLESS A SPECIFIC FINDING IS MADE BY THE COURT THAT ALLOWING SUCH WILL REASONABLY ASSURE THE DEFENDANT'S APPEARANCE AND WILL ELIMINATE OR MINIMIZE THE RISK OF HARM TO OTHERS OR TO THE PUBLIC AT LARGE; TO AMEND SECTIONS 99-5-11 AND 99-15-3, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF JUSTICE COURT JUDGES TO TAKE RECOGNIZANCE OR BOND OF A PERSON CHARGED WITH ANY FELONY OFFENSE; TO AMEND SECTIONS 99-15-5 AND 99-33-13, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTION 99-15-1, MISSISSIPPI CODE OF 1972, FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-5-7, Mississippi Code of 1972, is amended as follows:

99-5-7. (1) Bail may be given to the sheriff or officer holding the defendant in custody, by a fidelity or surety insurance company authorized to act as surety within the State of Mississippi. Any such company may execute the undertaking as surety by the hand of officer or attorney authorized thereto by a resolution of its board of directors, a certified copy of which, under its corporate seal, shall be on file with the clerk of the circuit court and the sheriff of the county, and such authority shall be deemed in full force and effect until revoked in writing by notice to said clerk and sheriff.

(2) No bail may be given to the sheriff or officer holding the defendant in custody, by a fidelity or surety insurance company authorized to act as surety within the State of Mississippi for a defendant charged with a crime of violence listed under Section 97-3-2 unless a specific finding is made by the court that allowing such will reasonably assure the defendant's appearance and will eliminate or minimize the risk of harm to others or to the public at large.

SECTION 2. Section 99-5-11, Mississippi Code of 1972, is amended as follows:

99-5-11. (1) (a) All * * * ~~justice court judges and all other~~ conservators of the peace, except all justice court judges, are authorized, whenever a person is brought before them charged with any offense not capital for which bail is allowed by law, to take the recognizance or bond of the person, with sufficient sureties, in such penalty as the * * * ~~justice court judge or~~ conservator of the peace may require, for his appearance before the * * * ~~justice court judge or~~ conservator of the peace for an examination of his case at some future day.

(b) All justice court judges are authorized, whenever a person is brought before them charged with any offense not capital nor felony, except a felony described under Section 99-33-13, for which bail is allowed by law, to take the recognizance or bond of the person, with sufficient sureties, in such penalty as the justice court judge may require, for his appearance before the justice court judge for an examination of his case at some future day.

(2) (a) Financial conditions of bail shall not be set for the sole purpose of detaining the defendant. When bail is set, it is presumed that the amount of bail is both necessary to reasonably assure the safety of a victim, witness or general public and to guarantee the appearance of a defendant as required by the court. The amount of bail is also presumed to be attainable by the defendant. The presumption that bail is attainable by the defendant may be rebutted by the defendant who may file a motion to reduce or set aside the bail requirement with the court due to lack of financial means, which shall also consider the availability of a third-party support system to obtain the defendant's release. The court shall rule on any such motion within forty-eight (48) hours of the filing.

(b) In cases in which the defendant or his counsel asserts that the defendant is indigent and cannot afford the amount of bail, the justice court judge or conservator of the peace shall make a determination of whether the defendant can be released on recognizance, based on the standards enumerated in the Mississippi Rules of Criminal Procedure and any other factors considered relevant by the municipal judge. No misdemeanor defendant shall be incarcerated solely because the defendant cannot afford to post bail; nor shall a misdemeanor defendant be released solely because the defendant cannot afford bail. It is the duty of the justice court judge or conservator of the peace to ensure that release of the defendant does not jeopardize the community.

(c) The accused may waive an appearance before the judge and execute an appearance bond in an amount determined by the court from the bond guidelines set out in the Mississippi Rules of Criminal Procedure and agree to appear at a specified time and place.

(d) If the justice court judge or conservator of the peace is unavailable and has not otherwise provided for the setting of bail, it is lawful for any officer or officers designated by order of the justice court judge or conservator of the peace to take bond, cash, property or recognizance, with or without sureties, in the amount of the minimum bail specified in the bond guidelines set out in the Mississippi Rules of Criminal Procedure, payable to the county and conditioned for the appearance of the person on the return day and time of the writ before the court to which the warrant is returnable, or in cases of arrest without a warrant, on the day and time set by the court or officer for arraignment, and there remain from day to day and term to term until discharged.

(3) And if the person thus recognized or thus giving bond fails to appear at the appointed time, it shall be the duty of the justice court judge or conservator of the peace to return the recognizance or bond, with his certificate of default, to the court having jurisdiction of the case, and a recovery may be had therein by scire facias, as in other cases of forfeiture. The justice court judge or other conservator of the peace shall also issue an alias warrant for the defaulter.

(4) In circumstances involving an offense against any of the following: (a) a current or former spouse of the accused or child of that person; (b) a person living as a spouse or who formerly lived as a spouse with the accused or a child of that person; (c) a parent, grandparent, child, grandchild or someone similarly situated to the accused; (d) a person who has a current or former dating relationship with the accused; or (e) a person with whom the accused has had a biological or legally adopted child, the justice court judge or other conservator of the peace shall check, or cause to be made a check, of the status of the person for whom recognizance or bond is taken before ordering bail in the Mississippi Protection Order Registry authorized under Section 93-21-25, and the existence of a domestic abuse protection order against the accused shall be considered when determining appropriate bail.

(5) After the court considers the provisions of subsection (2) of this section, a misdemeanant may be released on his or her own recognizance unless:

(a) The misdemeanant:

(i) Is on probation or parole;

(ii) Has other unresolved charges pending; or

(iii) Has a history of nonappearance; or

(b) The court finds that:

(i) The release of the misdemeanant would constitute a special danger to any other person or to the community; or

(ii) Release of the misdemeanant on his or her own recognizance is highly unlikely to assure the appearance of the misdemeanant as required.

SECTION 3. Section 99-15-3, Mississippi Code of 1972, is amended as follows:

99-15-3. (1) Any conservator of the peace, except a justice court judge, has power to take all manner of bonds and recognizances from persons charged on affidavit with crimes and offenses, for their appearance in the circuit court to answer thereto, as well as for crimes and offenses committed in their presence.

(2) Any justice court judge has power to take all manner of bonds and recognizances from persons charged on affidavit with crimes and offenses, for their appearance in the circuit court to answer thereto, as well as for crimes and offenses committed in their presence as long as such crimes and offenses are not felony crimes, except for felony crimes described under Section 99-33-13.

(3) If any person fail to give bond or enter into recognizance, with the sureties prescribed, when required to do so by a conservator of the peace, he shall be committed to the county jail, there to remain until he comply or be otherwise discharged by due course of law. Every bond or recognizance so taken shall be returned to the circuit court before its next term. If any person so bound fail to appear in the circuit court, his bond or recognizance shall be adjudged forfeited, and otherwise proceeded with as provided by law.

SECTION 4. Section 99-15-5, Mississippi Code of 1972, is amended as follows:

99-15-5. Any conservator of the peace may, upon a finding of probable cause, by warrant issued under his hand, cause any person charged on affidavit with having committed, or with being suspected of, any offense against the law, to be arrested and brought before him, or before some other conservator of the peace in the proper county. On examination and subject to the provisions of Section 99-15-3(1) and (2), the conservator of the peace shall commit the offender to jail if the offense be not bailable, and if it be bailable and the offender fail to find bail.

SECTION 5. Section 99-33-13, Mississippi Code of 1972, is amended as follows:

99-33-13. If on the trial of any criminal case the justice court judge discovers that it is a felony, and not a misdemeanor, of which the accused has been guilty, he shall not punish the offender nor render any judgment finally disposing of the case, but shall require him to give bail for his appearance in the circuit court, unless the felony be not bailable, in which case the justice court judge shall commit him without bail. A circuit court grand jury may remand a case to justice court to be tried as a misdemeanor after finding that the felony charge presented should be remanded with its bond to justice or municipal court to be tried as a misdemeanor.

SECTION 6. Section 99-15-1, Mississippi Code of 1972, is brought forward as follows:

99-15-1. The judges of the Supreme, circuit and chancery courts and of the court of appeals are conservators of the peace throughout the state, and each judge of the county court and every justice court judge is such within his county.

SECTION 7. This act shall take effect and be in force from and after July 1, 2026.