House Bill 803

AN ACT TO AMEND SECTION 83-39-29, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS REGARDING PERSONS IMPERSONATING BAIL AGENTS, TO INCREASE THE PENALTY FOR BONDJUMPING AND ADD PENALTY FOR

FUGITIVE FLIGHT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 83-39-29, Mississippi Code of 1972, is amended as follows:

83-39-29. The department may provide information to the district attorney in the district in which a professional bail agent, a soliciting bail agent or bail enforcement agent is domiciled so that proper legal action may be pursued against any licensee who is alleged to have violated any provision of Chapter 39 of Title 83. Such licensee is guilty of a misdemeanor and shall be subject to a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for not more than one (1) year, or both. Any insurer violating any provision of Chapter 39 of Title 83 may be fined in an amount not to exceed Fifty Thousand Dollars ($50,000.00).

Any person who acts or attempts to solicit, write or present a bail bond as a professional bail agent, soliciting bail agent, or bail enforcement agent as defined in this chapter and who is not licensed under this chapter is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for not more than one (1) year, or both.

Any person who acts or attempts to act or represents themselves as, or impersonates a professional bail agent, a soliciting bail agent or a bail enforcement agent, as defined in this chapter attempting to arrest, or detaining any person and who is not licensed under this chapter is guilty of a felony and, upon conviction, shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00), imprisonment for not more than five (5) years, or both.

A bail agent, bail enforcement agent or bail recovery agent from another state shall report to the Sheriff's Department of the county in which they are attempting to locate a fugitive prior to beginning to look for the fugitive and prove their licensing and their legal right to the fugitive. Failure to prove their licensing shall be the same as impersonating a professional bail agent.

Any person charged with a misdemeanor who has obtained his release from custody by having a professional bail agent, insurer, agent of such bail agent or insurer, or any person other than himself furnish his bail bond and who fails to appear in court, at the time and place ordered by the court, is guilty of "bondjumping" and, upon conviction, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for not more than one (1) year, or both, and payment of restitution for reasonable expenses incurred returning the defendant to court.

Any person charged with a felony who has obtained his release from custody by having a professional bail agent, insurer, agent of such bail agent or insurer, or any person other than himself furnish his bail bond and who fails to appear in court, at the time and place ordered by the court, is guilty of "bondjumping" and, upon conviction, shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the State Penitentiary for not more than five (5) years, or both, and payment of restitution for reasonable expenses incurred returning the defendant to court.

Any person charged with a criminal violation who has obtained his release by having a professional bail agent, insurer, agent of such professional bail agent or insurer, or any other person other than himself furnish his bail bond and who fails to appear at the time and place ordered by the court and who leaves the State of Mississippi shall be guilty of "fugitive flight" and upon conviction, shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00), imprisonment in the State Penitentiary for not more than ten (10) years, or both, and payment of restitution for reasonable expenses incurred returning the defendant to court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.