House Bill 978

AN ACT TO AMEND SECTION 83-39-29, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR BOND JUMPING AND AIDING AND ABETTING; 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. (1) 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).

(2) 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.

(3) Any person who acts or attempts to act or represents himself to be, or impersonates a professional bail agent, a soliciting bail agent or a bail enforcement agent, as defined in this chapter by attempting to arrest or detaining any person 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 Five Thousand Dollars ($5,000.00), imprisonment for not more than one (1) year, or both.

(4) A bail agent, bail enforcement agent or bail enforcement agent from another state shall report to the sheriff's department of the county in which he is attempting to locate a fugitive prior to beginning to look for the fugitive to prove his licensing and legal right to the fugitive. Failure to prove licensing shall be an offense punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

(5) Any person charged with a criminal violation 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 "bond jumping" and, upon conviction, shall be punished as follows: (a) If the criminal violation for which the person was charged was a misdemeanor, the person shall be guilty of a misdemeanor and 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 in returning the defendant to court;

(b) If the criminal violation for which the person was charged was a felony, the person shall be guilty of a felony and subject to a fine of nor more than Five Thousand Dollars ($5,000.00)or imprisonment in the State Penitentiary for not more than five (5) years, or both.

(6) Any person who aids and abets any person in the commission of any offense set out herein, whether or not the person committing the principal offense actually is convicted, shall be guilty of the same offense which that person aided and abetted and shall be punished as provided for such offense. Any person who commits the offense of aiding and abetting shall be jointly and severally liable for payment of restitution for reasonable expenses incurred in returning the defendant to court due to his or her conduct.

(7) Any bail agent who is prejudiced or injured by the commission of any of the offenses set out herein has standing to file a complaint alleging the commission of the offense or offenses.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.