House Bill 1547

AN ACT TO REQUIRE MONIES COLLECTED BY A COURT FROM A DEFENDANT IN A CRIMINAL CASE TO FIRST BE CREDITED TOWARD THE PAYMENT OF RESTITUTION; TO AMEND SECTION 99-37-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 99-37-3, MISSISSIPPI CODE OF 1972, TO REQUIRE A COURT TO TAKE INTO CONSIDERATION A DEFENDANT'S FUTURE ABILITY TO PAY WHEN DETERMINING WHETHER TO ORDER RESTITUTION; TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT UNCOLLECTED FEES DUE TO A MARSHAL OR CONSTABLE BE PAID FROM THE FIRST PROCEEDS RECEIVED BY THE COURT FROM THE GUILTY PARTY; AND FOR RELATED PURPOSES.

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

SECTION 1. In criminal matters adjudicated after July 1, 2024, the following is the allocation formula for monies paid by a defendant to the court:

(a) The first monies paid in a case must be credited toward the payment of restitution owed to the victim.

(b) Once restitution has been paid in full, the next monies paid in the case must be credited toward the payment of court costs, including any fees imposed by the court.

(c) Once court costs have been paid in full, the next monies paid in the case must be credited toward the payment of assessments.

(d) Once assessments have been paid in full, any additional monies paid by the defendant must be credited toward the payment of any fines and penalties assessed.

SECTION 2. Section 99-37-5, Mississippi Code of 1972, is amended as follows:

99-37-5. (1) When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period of time or in specified installments. In matters adjudicated after July 1, 2024, the first monies paid in a case must be credited toward the payment of restitution owed to the victim.

(2) If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.

( * * *23) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.

SECTION 3. Section 99-37-3, Mississippi Code of 1972, is amended as follows:

99-37-3. (1) When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim; provided, however, that the justice court shall not order restitution in an amount exceeding Five Thousand Dollars ($5,000.00).

(2) In determining whether to order restitution, which may be complete, partial or nominal, and the method of payment, the court shall take into account:

(a) The financial resources of the defendant, including the future ability of the defendant to pay or perform, and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant;

(b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and

(3) If the defendant objects to the imposition, amount or distribution of the restitution, the court shall, at the time of sentencing, allow him to be heard on such issue.

(4) If the court determines that restitution is inappropriate or undesirable, an order reciting such finding shall be entered, which should also state the underlying circumstances for such determination.

SECTION 4. Section 25-7-27, Mississippi Code of 1972, is amended as follows:

25-7-27. (1) Marshals and constables shall charge the following fees:

(a) (i) In all civil and criminal cases, for each service of process, summons, warrant, writ or other

notice................................................ $ 55.00

(ii) In all cases where there is more than one (1) defendant residing at the same household, for service on each additional defendant............................................ $ 10.00

(iii) For service of each process of every kind and nature issued from outside the county where it is to be served, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed.

(iv) When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry on oath thereof of the marshal or constable, as the case may be, charged with serving such process, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed.

(v) When process has been attempted in one (1) county but the defendant is not found, and process must be served on that defendant in another county, the clerk shall notify the complaining party that an additional fee or fees must be paid before the process can be delivered to the other county.

(b) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee......................................................$ 55.00

(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2).

To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.

(d) For other service, the same fees allowed sheriffs for similar services.

(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the amount provided under Section 19-25-31 for each day, or part thereof, for which he serves as bailiff when the court is in session.

(f) For serving all warrants and other process and attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually.................................................$4,500.00

(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the * * *~~first~~ proceeds received by the court from the guilty party or from any other source of payment in connection with the case.

(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.