Senate Bill 2054

AN ACT TO AMEND SECTION 83-39-25, MISSISSIPPI CODE OF 1972, TO REQUIRE BAIL AGENTS TO PLACE THE FULL BAIL BOND PREMIUM AMOUNT IN A TRUST ACCOUNT UNTIL SUCH TIME AS THE ACCUSED APPEARS BEFORE A JUDGE AND HAS AN OPPORTUNITY TO REQUEST THAT THE AMOUNT OF BOND BE REVIEWED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 83-39-25, Mississippi Code of 1972, is amended as follows:

83-39-25. (1) A professional bail agent or his agent shall charge and collect for his premium, commission, or fee an amount of ten percent (10%) of the amount of bail per bond posted by him, or Fifty Dollars ($50.00), whichever is greater, except on a bond on a defendant who is charged with a capital offense, or on a defendant who resides outside the State of Mississippi, in which case the premium, commission or fee shallbe fifteen percent (15%) of the amount of bail, per bond posted by him, or Fifty Dollars ($50.00), whichever is greater.

(2) A professional bail agent or his agent shall be allowed under this chapter to charge to the defendant no more than Fifty Dollars ($50.00) for expenses resulting from a bond of One Thousand Dollars ($1,000.00) or less when such bail agent is required to travel outside the county in which he does business.

(3) A professional bail agent or his agent shall also charge an additional Twenty-five Dollars ($25.00) processing fee on each bond issued by him.

(4) When bail has been set without an appearance before a judge, the bail agent shall place the full amount of the required bond premium in a trust account until the accused appears before the court and has opportunity to request that the judge review the amount of the bond.

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