House Bill 560

AN ACT TO AMEND SECTION 97-19-79, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT COURTS ASSESS DEFENDANTS TO PAY THE SERVICE CHARGE TO THE DISTRICT ATTORNEY FOR BAD CHECKS WRITTEN BY THE DEFENDANT AND FOR WHICH THE DEFENDANT HAS BEEN PROSECUTED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-19-79, Mississippi Code of 1972, is amended as follows:

97-19-79. If, after receiving notice as provided for by subsection (3) of Section 97-19-75, the accused fails to timely surrender himself to the district attorney as prescribed in the notice or, if having timely surrendered himself, the accused fails to pay the service charge prescribed by subsection (4) of Section 97-19-75 and/or fails to execute or comply with the terms of any restitution agreement executed in accordance with the provisions of Section 97-19-75, then the district attorney shall file the complaint, along with the arrest warrant, if any, which the district attorney may be holding against the accused, with the municipal court, justice court, county court or circuit court in his district having jurisdiction, and prosecution against the accused may be commenced in accordance with the provisions of Sections 97-19-55 through 97-19-69, Mississippi Code of 1972, or as otherwise provided by law. If such prosecution is commenced, the court shall assess the defendant the service charge payable to the district attorney as provided in Section 97-19-75(4), Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.