Senate Bill 2384

AN ACT TO AMEND SECTION 99-21-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN COUNTIES IN WHICH THE CIRCUIT COURT JUDGE APPEARS LESS THAN FOUR TIMES PER MONTH, A FUGITIVE MAY APPEAR BEFORE A JUSTICE COURT JUDGE FOR THE PURPOSES OF THIS CHAPTER; TO AMEND SECTION 99-21-9, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-21-3, Mississippi Code of 1972, is amended as follows:

99-21-3. If it shall appear to the conservator of the peace before whom the fugitive shall be brought, that there is reasonable cause to believe that the complaint is true, he shall, if the prisoner would be entitled to bail if the offense had been committed in this state, require him to furnish bail to appear before the circuit court of the county at its next term, and from day to day and term to term until discharged by law. If such person do not give bail with sufficient sureties as required, he shall be committed to jail until he give such bail, or until he be discharged as hereinafter provided. If such person would not be bailable if the offense charged had been committed in this state, he shall be committed to jail to remain until discharged as provided by law. In counties in which the circuit court judge appears less than four (4) times per month, a fugitive may appear before a justice court judge for the purposes of this chapter.

SECTION 2. Section 99-21-9, Mississippi Code of 1972, is amended as follows:

99-21-9. If the person bound appear before the circuit court or justice court, as the case may be, according to his obligation, he shall be discharged by the court, unless he be demanded by some person authorized by the governor of this state to demand him, or unless the court shall commit him if he were improperly admitted to bail, or shall require him to give a new bond or recognizance if his bail be insufficient, or shall order his bond or recognizance at first given to continue in force for a longer time; but any such person may at any time be taken into custody by any person authorized by the governor of this state, and such taking into custody shall be a discharge from any bail he may have given.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.