House Bill 271

AN ACT TO REQUIRE LAW ENFORCEMENT OFFICERS TO DETERMINE IF ARRESTED OFFENDERS ARE ON PROBATION, PAROLE OR RELEASED ON BAIL; TO REQUIRE INCARCERATION IF THE ARRESTED OFFENDER IS ON PROBATION, PAROLE OR RELEASED ON BAIL; TO AMEND SECTION 99-3-18, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. When a law enforcement officer arrests a person for a criminal violation, the officer shall check the National Criminal Information Center and the information on file with the Mississippi Justice Information Center to ascertain if the arrested person is on probation, parole or released on bail. If the person is on probation, parole or released on bail, the person shall be incarcerated and shall remain incarcerated until a court of competent jurisdiction, upon review, determines that the person is entitled to bail.

SECTION 2. Section 99-3-18, Mississippi Code of 1972, is amended as follows:

99-3-18. (1) In any case in which a person is arrested for an offense declared to be a misdemeanor and does not demand to be taken before a municipal judge, justice court judge or other judge, such person may, instead of being taken before a judge, be released according to the procedures set forth by this section and Section 99-3-17 provided that the officer has complied with Section 1 of this act. If the arresting officer or his superior determines that the person should be released, such officer or superior shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time when and place where such person shall appear in court. If the person is not released prior to being booked and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court. Unless waived by the arrested person, the time specified in the notice to appear shall be at least five (5) days after arrest. The place specified in the notice shall be the court of the municipal judge, justice court judge or other judge before whom the person would be taken if the requirement of taking an arrested person before a judge were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(2) The officer shall deliver one (1) copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. The officer shall, as soon as practicable, file the duplicate notice with the municipal judge, justice court judge or other judge specified therein. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to appear for trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(3) If the arrested person is not released pursuant to the provisions of this section and Section 99-3-17 prior to being booked by the arresting agency, then at the time of booking, the officer in charge of such booking or his superior officer, or any other person designated by a city or county for this purpose may make an immediate investigation into the background of the person to determine whether he should be released pursuant to the provisions of this section and Section 99-3-17. Such investigation shall include, but need not be limited to, the person's name, address, length of residence at that address, length of residence within this state, marital and family status, employment, length of that employment, prior arrest record and such other facts relating to the person's arrest which would bear on the question of his release pursuant to the provisions of this section and Section 99-3-17.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.