MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Rogers

AN ACT TO AMEND SECTION 99-5-19, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS REGARDING PERSONS TAKING INSUFFICIENT BAIL BONDS OR NEGLECTING TO TAKE BAIL BONDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-5-19, Mississippi Code of 1972, is amended as follows:

99-5-19. If any sheriff, chief of police or any other person authorized to release a criminal defendant, except a properly authorized judge in open court, neglects to take a bail bond, or if the bail bond from any cause is insufficient at the time he took and approved the same, on exceptions taken and filed before the close of the next term, after the same should have been returned, and upon reasonable notice thereof to the sheriff, chief of police or other person, he shall stand as special bail, and judgment shall be rendered against him as such, except when bond is tendered by a fidelity or insurance company or professional bail agent or its bail agent authorized by Mississippi state license to act as bail surety. The sheriff, chief of police or other person, taking and approving a bail bond from a fidelity or insurance company or professional bail agent or its bail agent with a valid Mississippi state license shall bear no financial liability on the bail bond in the event of a bail bond forfeiture or default.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.