MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Moore

AN ACT TO AMEND SECTIONS 99-5-5, 99-5-7, 99-5-9 AND 99-5-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS UNDER THE AGE OF 18 YEARS ARRESTED FOR ALCOHOL OFFENSES MAY ONLY BE BAILED BY A PARENT OR GUARDIAN; AND FOR RELATED PURPOSES.

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

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

99-5-5. (1) All bonds and recognizances taken for the appearance of any party, either as defendant, prosecutor, or witness in any criminal proceeding or matter, shall be made payable to the state, and shall have the effect to bind the accused and his sureties on the bond or recognizance until the principal shall be discharged by due course of law, and shall be in full force, from term to term, for a period of three (3) years, except that a bond returnable to the Supreme Court shall be in full force for a period of five (5) years. If it is necessary to renew a bond, it shall be renewed without additional premium. At the end of the applicable period, a bond or recognizance that is not renewed shall expire and shall be uncollectible unless the collection process was started on or before the expiration date of such bond or recognizance. Any bond or recognizance taken prior to July 1, 1996, shall expire on July 1, 1999. If a defendant is charged with multiple counts in one (1) warrant only one (1) bond shall be taken.

(2) Any person under the age of eighteen (18) years who is arrested for any offense involving alcoholic beverages may only have bond posted by such person's parent or guardian.

SECTION 2. Section 99-5-7, Mississippi Code of 1972, is amended as follows:

99-5-7. Except as otherwise provided in Sections 99-5-5(2), 99-5-9 and 99-5-11, 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.

SECTION 3. Section 99-5-9, Mississippi Code of 1972, is amended as follows:

99-5-9. 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 copy of such receipt to the committing court who shall then order the release of such defendant.

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.

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.

Any person under the age of eighteen (18) years who is arrested for any offense involving alcoholic beverages may only have bail posted by such person's parent or guardian.

SECTION 4. Section 99-5-11, Mississippi Code of 1972, is amended as follows:

99-5-11. All justices of the peace and all other conservators of the peace 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 such person, with sufficient sureties, in such penalty as the justice or conservator of the peace may require, for his appearance before such justice or conservator for an examination of his case at some future day. And if the person thus recognized or thus giving bond, fail to appear at the appointed time, it shall be the duty of the justice or conservator 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 or other conservator shall also issue an alias warrant for the defaulter.

Any person under the age of eighteen (18) years who is arrested for any offense involving alcoholic beverages may only have bail posted by such person's parent or guardian.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.