MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division B; Accountability, Efficiency, Transparency
By: Senator(s) Hopson
AN ACT TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A FILING FEE TO BE CHARGED IN MUNICIPAL COURT FOR A PETITION FOR EXPUNCTION; TO AMEND SECTION 99-19-72, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-23-7, Mississippi Code of 1972, is amended as follows:
21-23-7. (1) The municipal
judge shall hold court in a public building designated by the governing * * *
authority of the
municipality and may hold court every day except Sundays and legal holidays if
the business of the municipality so requires; provided, however, the municipal
judge may hold court outside the boundaries of the municipality but not more
than within a sixty-mile radius of the municipality to handle preliminary
matters and criminal matters such as initial appearances and felony preliminary
hearings. The municipal judge shall have the jurisdiction to hear and
determine, without a jury and without a record of the testimony, all cases
charging violations of the municipal ordinances and state misdemeanor laws made
offenses against the municipality and to punish offenders therefor as may be
prescribed by law. Except as otherwise provided by law, criminal proceedings
shall be brought by sworn complaint filed in the municipal court. * * * A complaint shall state the
essential elements of the offense charged and the statute or ordinance relied
upon. * * *
A complaint shall not be required to conclude with a general averment
that the offense is against the peace and dignity of the state or in violation
of the ordinances of the municipality. * * * The municipal judge may sit as a
committing court in all felonies committed within the municipality, and he
shall have the power to bind over the accused to the grand jury or to appear
before the proper court having jurisdiction to try the same, and to set the
amount of bail or refuse bail and commit the accused to jail in cases not
bailable. The municipal judge is a conservator of the peace within * * *
the municipality * * * and may conduct preliminary
hearings in all violations of the criminal laws of this state occurring within
the municipality * * *;
any person arrested for a violation of law within the municipality may be
brought before him for initial appearance. The municipal court shall have
jurisdiction of any case remanded to it by a circuit court grand jury. The
municipal court shall have civil jurisdiction over actions filed pursuant to
and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the
Protection from Domestic Abuse * * * Law.
(2) In the discretion of
the court, where the objects of justice would be more likely met, as an
alternative to imposition or payment of fine and/or incarceration, the
municipal judge shall have the power to sentence convicted offenders to work on
a public service project where the court has established * * * a program of public service by written
guidelines filed with the clerk for public record. Such programs shall provide
for reasonable supervision of the offender and the work shall be commensurate
with the fine * * * or
incarceration, or both, that would have ordinarily been imposed. Such
program of public service may be utilized in the implementation of the
provisions of Section 99-19-20, and public service work thereunder may be
supervised by persons other than the sheriff.
(3) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.
(4) When a person * * * is charged with an offense in
municipal court punishable by confinement, the municipal judge, being satisfied
that such person is an indigent person and is unable to employ counsel, may, in
the discretion of the court, appoint counsel from the membership of The
Mississippi Bar residing in his county who shall represent him. Compensation for
appointed counsel in criminal cases shall be approved and allowed by the
municipal judge and shall be paid by the municipality. The maximum
compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1)
case. The governing * * * authority of a municipality may, in * * * its discretion, appoint * * * one or more public * * * defenders who * * * are licensed attorneys
and who shall receive a salary to be fixed by the governing * * * authority.
(5) The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice. Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record. Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.
(6) Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.
(7) Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge such misdemeanor conviction.
(8) In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.
(9) Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him. On default of appearance, an arrest warrant may be issued for the defendant. The clerk of the court or deputy clerk may issue such citations.
(10) The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.
(11) The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months' imprisonment, or both, for contempt of court. The municipal court may have the power to impose reasonable costs of court, not in excess of the following:
Dismissal of any affidavit, complaint or charge
in municipal court..................................... $ 50.00
Suspension of a minor's driver's license in lieu of
conviction............................................. $ 50.00
Service of scire facias or return "not found"..... $ 20.00
Causing search warrant to issue or causing
prosecution without reasonable cause or refusing to
cooperate after initiating action...................... $ 100.00
Certified copy of the court record................ $ 5.00
Service of arrest warrant for failure to answer
citation or traffic summons............................ $ 25.00
Jail cost per day - actual jail cost paid by the municipality but not to exceed.............................................. $ 35.00
Service of court documents related to the filing
of a petition or issuance of a protection from domestic
abuse order under Title 93, Chapter 21, Mississippi
Code of 1972 .......................................... $ 25.00
Order to expunge a municipal court record......... $ 50.00
Any other item of court cost...................... $ 50.00
No filing fee or such cost shall be imposed for the bringing of an action in municipal court.
(12) A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court. Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver such documents and records to the justice court. There shall be no court costs charged for the transfer of the case to the justice court.
(13) A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 2. Section 99-19-72, Mississippi Code of 1972, is amended as follows:
99-19-72. A filing fee of One Hundred Fifty Dollars ($150.00) is hereby levied on each petition to expunge an offense under Section 99-19-71(2) to be collected by the circuit clerk and distributed as follows:
(a) One Hundred Dollars ($100.00) to be deposited into the Judicial System Operation Fund;
(b) Forty Dollars ($40.00) to be deposited into the District Attorneys Operation Fund; and
(c) Ten Dollars ($10.00) to be retained by the circuit clerk collecting the fee for administration purposes.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.