MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Dixon
AN ACT TO AMEND SECTION 99-3-17, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON ARRESTED FOR A MISDEMEANOR OFFENSE TO BE TAKEN BEFORE A JUDGE WITHIN 24 HOURS OF THE ARREST; TO PROVIDE THAT THE PERSON SHALL BE RELEASED IF THE PERSON IS NOT TAKEN BEFORE A JUDGE WITHIN 24 HOURS; TO AMEND SECTION 99-3-18, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE OF APPEARANCE TO BE MAILED WITHIN 5 DAYS AFTER RELEASE FROM JAIL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-3-17, Mississippi Code of 1972, is amended as follows:
99-3-17. Every person making an arrest shall take the offender before the proper officer without unnecessary delay for examination of his case, except as otherwise provided in Section 99-3-18. Any person arrested for an offense declared a misdemeanor shall be taken before a judge within twenty-four (24) hours after the arrest. If such person is not taken before a judge within twenty-four (24) hours after the arrest, such person shall be released as provided in 99-3-18.
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 within twenty-four (24) hours after the arrest according to the
procedures set forth by this section and Section 99-3-17. * * * 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 date and time of the notice to appear shall be
mailed or otherwise provided to the person no more than five (5) days after the
person's release. 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, 2016.