Senate Bill 2384

AN ACT TO CREATE RESTRICTIONS ON THE GRANTING OF BAIL FOR PERSONS CHARGED WITH CERTAIN CRIMES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section:

(a) "Crime with bail restriction" means a felony charged under any of the following sections:

(i) Murder as described in Section 97-3-19;

(ii) Manslaughter as described in Section 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 or 97-3-47;

(iii) Kidnapping as described in Section 97-3-51;

(iv) Rape as described in Section 97-3-65 or sexual battery as described in 97-3-95;

(v) Robbery as described in Section 97-3-73;

(vi) Carjacking as described in Section 97-3-117;

(vii) Arson as described in Section 97-17-1, 97-17-3 or 97-17-5;

(viii) Placing any bomb, explosive or weapon mass destruction as described in Section 97-37-25;

(ix) Burglary as described in Section 97-17-23, 97-17-25, 97-17-29 or 7-17-33;

(x) Extortion as described in Section 97-3-81;

(xi) Felonious abuse of a child as described in Section 97-5-39;

(xii) Resisting Arrest as described in Section 97-7-73; Fleeing or Eluding a Law Enforcement Officer as described in Section 97-9-72;

(xiii) Escape as described in Section 97-9-47;

(xiv) Obstruction of Justice as described in Section 97-9-101 through 97-9-129; or

(xv) Possession of a weapon by a felon as described in Section 97-37-5.

(b) "Crime with bail restrictions" also includes any drug-related felonies under Section 41-29-139 and any racketeering felonies under Section 97-73-5.

(2) Subject to the provisions of subsection (3) of this section, a person charged with a crime with bail restrictions may post the required amount of bail only in the form of:

(a) Full cash;

(b) A surety bond executed by a corporation authorized under Title 83, Chapter 39, Mississippi Code of 1972; or

(c) A bail bond secured by real property situated in this state with an unencumbered equity equal to the amount of bail undertaking plus Twenty Thousand Dollars ($20,000.00).

(3) There shall be a presumption in favor of the court designating the posting of full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with an offense as set forth in the subsection (1)(a) of this section and:

(a) Has two (2) other indictable cases pending at the time of the arrest; or

(b) Has two (2) prior felony convictions; or

(d) Was on parole at the time of the arrest, unless the court finds on the record that another form of bail authorized in subsection (2) of this section will ensure the defendant's presence in court when required.

(4) When bail is posted in the form of a bail bond secured by real property, the owner of the real property, whether the person is admitted to bail or a surety, shall file an affidavit containing:

(a) A legal description of the real property;

(b) A description of each encumbrance on the real property;

(c) The market value of the unencumbered equity owned by the affiant as determined in a full appraisal conducted by an appraiser licensed in this state; and

(d) A statement that the affiant is the sole owner of the unencumbered equity.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.