House Bill 891

AN ACT TO AMEND SECTION 99-5-5, MISSISSIPPI CODE OF 1972, TO REQUIRE BONDS TO BE ASSESSED BY THE COURT FOR RENEWAL 6 MONTHS BEFORE THE DATE OF EXPIRATION FOR SUCH BONDS; TO RETURN INTO CUSTODY OF THE COMMITTING COURT ANY PERSON WHO FAILS TO RENEW A BOND WHEN SUCH RENEWAL IS NECESSARY AS DETERMINED BY THE COURT; TO AMEND SECTION 99-5-15, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SHERIFF TO RETURN TO THE CUSTODY OF THE COURT CERTAIN DEFENDANTS WHO FAIL TO RENEW HIS OR HER BAIL BOND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-5-5, Mississippi Code of 1972, is amended as follows:

99-5-5. All bonds and recognizances taken for the appearance of any party, either as defendant, prosecutor, or witness in any criminal proceeding or matter, shall be made payable to the state, and shall have the effect to bind the accused and his sureties on the bond or recognizance until the principal shall be discharged by due course of law, and shall be in full force, from term to term, for a period of three (3) years, except that a bond returnable to the Supreme Court shall be in full force for a period of five (5) years. If it is necessary to renew a bond, it shall be renewed without additional premium. Six (6) months before the date on which a bond is due to expire, the court that approved the bond shall determine whether factors exist to require renewal of the bond. If a defendant fails to renew a bond that the court determines to be necessary, the defendant shall be placed back into custody with the court. For purpose of renewal, the court shall be the court that approved the original bond. At the end of the applicable period, a bond or recognizance that is not renewed shall expire and shall be uncollectible unless the collection process was started on or before the expiration date of such bond or recognizance. Any bond or recognizance taken prior to July 1, 1996, shall expire on July 1, 1999. If a defendant is charged with multiple counts in one (1) warrant only one (1) bond shall be taken.

SECTION 2. Section 99-5-15, Mississippi Code of 1972, is amended as follows:

99-5-15. (1) It is the duty of the sheriff or other officer having custody of such defendant, upon his compliance with the order of the committing court or officer, to release him from custody; and he shall approve the sureties on the bond, except admitted and authorized fidelity and surety insurance companies acting as surety, and for that purpose may examine them on oath, or take their affidavit in writing, and may administer such oath.

(2) It is the duty of the sheriff or other officer having authority to manage the custody of such defendant to return the defendant to the committing court if he or she does not renew a bond that is required to be renewed in accordance with Section 99-5-5.

SECTION 3. This act shall take effect and be in force from and after July 1, 2025.