House Bill 692

AN ACT TO AMEND SECTION 99-19-20, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO PLACE A LIEN OR GARNISHMENT AGAINST A DEFENDANT TO COLLECT A FINE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-19-20, Mississippi Code of 1972, is amended as follows:

99-19-20. (1) When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) that a lien be entered against the defendant, or (f) that the defendant's wages be garnished, or (g) any combination of the above.

(2) The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter set out. The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is financially unable to pay a fine and such defendant failed or refused to comply with a prior sentence as specified in subsection (1) of this section, the defendant may be imprisoned.

This subsection shall be limited as follows:

(a) In no event shall such period of imprisonment exceed one (1) day for each Twenty-five Dollars ($25.00) of the fine. If a defendant is unable to work or if the county or the municipality is unable to provide work for the defendant, the defendant shall receive a credit of Twenty-five Dollars ($25.00) for each day of imprisonment.

(b) If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of such term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.

(c) It shall be in the discretion of the judge to determine the rate of the credit to be earned for work performed under subsection (1)(d), but the rate shall be no lower than the rate of the highest current federal minimum wage.

(3) Periods of confinement imposed for nonpayment of two (2) or more fines shall run consecutively unless specified by the court to run concurrently.

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