MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Formby

AN ACT TO AMEND SECTION 99-35-115, MISSISSIPPI CODE OF 1972, TO PROHIBIT BAIL PENDING APPEAL FOR CERTAIN FELONY CONVICTIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-35-115, Mississippi Code of 1972, is amended as follows:

99-35-115. (1) A person convicted of physical or sexual abuse of a child * * * or any offense in which a sentence of death or life imprisonment is imposed or kidnapping, arson, aggravated assault, manslaughter, rape, embezzlement, burglary of businesses, burglary of churches, burning of churches or burglary of an occupied dwelling shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court.

(2) (a) A person convicted of any felony, not enumerated in subsection (1), shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, within the discretion of a judicial officer, if the convict shows by clear and convincing evidence that release of the convict would not constitute a special danger to any other person or to the community, and that a condition or a combination of conditions may be placed on release that will reasonably assure the appearance of the convict as required, and only when the peculiar circumstances of the case render it proper.

(b) If bail is denied, the judicial officer shall place the reasons for such denial of record in the case.

(c) For the purposes of this section, "judicial officer" means the trial court or trial judge, a judge of the district in which the conviction occurred, the Supreme Court or a justice of the Supreme Court in vacation of the court.

(d) The victim or family of a victim shall be entitled to submit a written statement objecting to the granting of release on bail pending appeal.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.