MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary B; Revenue and Expenditure General Bills

By: Representatives Horan, Gibbs (72nd)

House Bill 1396

AN ACT TO AMEND SECTION 83-39-31, MISSISSIPPI CODE OF 1972, TO REMOVE THE IMPOSITION OF A FEE, WHICH IS EQUAL TO TWO PERCENT OF THE FACE VALUE OF EACH BOND OR $20.00, WHICHEVER IS GREATER, FOR EACH DEFENDANT CONVICTED OF A CRIMINAL OFFENSE AND   WHO APPEALS THE CONVICTION AND POSTS A BOND CONDITIONED FOR HIS OR HER APPEARANCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 83-39-31, Mississippi Code of 1972, is amended as follows:

     83-39-31.  (1)  Upon every defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond certificate conditioned for his appearance at trial, there is imposed a fee equal to two percent (2%) of the face value of each bond or Twenty Dollars ($20.00), whichever is greater, to be collected by the clerk of the court when the defendant appears in court for final adjudication or at the time the defendant posts cash bond unless subsection ( * * *43) applies.

     (2)  Upon each defendant charged with a criminal offense who is released on his own recognizance, who deposits his driver's license in lieu of bail, or who is released after arrest on written promise to appear, there is imposed a fee of Twenty Dollars ($20.00) to be collected by the clerk of the court when the defendant appears in court for final adjudication unless subsection ( * * *43) applies.

 * * *(3)  Upon each defendant convicted of a criminal offense who appeals his conviction and posts a bond conditioned for his appearance, there is imposed a fee equal to two percent (2%) of the face value of each bond or Twenty Dollars ($20.00), whichever is greater.  If such defendant is released on his own recognizance pending his appeal, there is imposed a fee of Twenty Dollars ($20.00).  The fee imposed by this subsection shall be imposed and shall be collected by the clerk of the court when the defendant posts a bond unless subsection (4) applies.

     ( * * *43)  If a defendant is found to be not guilty or if the charges against a defendant are dismissed, or if the prosecutor enters a nolle prosequi in the defendant's case or retires the defendant's case to the file, or if the defendant's conviction is reversed on appeal, the fees imposed pursuant to subsections (1), (2), * * *(3) and ( * * *76) shall not be imposed.

     ( * * *54)  The State Auditor shall establish by regulation procedures providing for the timely collection, deposit, accounting and, where applicable, refund of the fees imposed by this section.  The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund.

     ( * * *65)  It shall be the duty of the clerk or any officer of the court authorized to take bonds or recognizances to promptly collect, at the time such bonds or recognizances are received or taken, all fees imposed pursuant to this section.  In all cases, the clerk or officer of the court shall deposit all fees so collected with the State Treasurer, pursuant to appropriate procedures established by the State Auditor, for deposit into the State General Fund.

     ( * * *76)  In addition to the fees imposed by this section, there shall be an assessment of Ten Dollars ($10.00) imposed upon every criminal defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond to be collected by the clerk of the court and deposited in the Victims of Domestic Violence Fund created by Section 93-21-117, unless subsection ( * * *43) applies.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.

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