Bill Text: MS HB1003 | 2021 | Regular Session | Introduced
Bill Title: Cash bail bonds; prohibit courts from allowing defendants to post.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [HB1003 Detail]
Download: Mississippi-2021-HB1003-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary B
By: Representative Harness
House Bill 1003
AN ACT TO REPEAL SECTION 99-5-9, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES A COURT TO ALLOW A DEFENDANT TO POST A CASH BAIL BOND IN LIEU OF A SURETY OR PROPERTY BAIL BOND; TO AMEND SECTIONS 63-9-27 AND 83-39-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-5-9, Mississippi Code of 1972, which authorizes a court to allow a defendant to deposit a cash bail bond in lieu of a surety or property bail bond, is repealed.
SECTION 2. Section 63-9-27, Mississippi Code of 1972, is amended as follows:
63-9-27. (1) A guaranteed
arrest bond certificate with respect to which a fidelity and surety company has
become surety as provided in subsection (2) of this section, when posted by the
person whose signature appears thereon, shall be accepted * * * in an amount not to exceed
Two Hundred Dollars ($200.00), as a bail bond, to guarantee the appearance of
such person in any court in this state at such time as may be required by the
court, when such person is arrested for violation of any traffic laws of any
municipality or county of this state, except for the offense of driving while
under the influence of intoxicating liquors, drugs or narcotics, or for any
felony, and the alleged violation was committed prior to the date of expiration
shown on such guaranteed arrest bond certificate.
Any such guaranteed arrest bond certificate so posted as a bail bond in any court in this state shall be subject to the forfeiture and collection provisions of law applicable to a bail bond, except that any judgment forfeiting a guaranteed arrest bond certificate rendered under such forfeiture and collection provisions shall, at any time within thirty (30) days after rendition, be set aside upon the surrender, or the appearance and trial and conviction or acquittal of the defendant, or upon a continuance granted upon motion of the district attorney after such appearance.
(2) Any domestic or foreign insurance company which has qualified to transact fidelity and surety insurance business in this state may, in any year, become surety in an amount not to exceed Two Hundred Dollars ($200.00) with respect to each guaranteed arrest bond certificate issued in such year by an automobile club, automobile association or insurance company authorized to transact automobile liability insurance business within this state or by the fidelity and surety company itself.
The term "guaranteed arrest bond certificate," as used in this section, means a printed card or other certificate issued by an automobile club, automobile association, insurance company authorized to transact automobile liability insurance business within this state, or an insurance company authorized to transact fidelity and surety insurance business within this state to any of its members or insureds, which is signed by such member or insured, and contains a printed statement that a fidelity and surety company authorized to do business in this state guarantees the appearance of the person whose signature appears on the card or certificate, and that such company will, in the event of the failure of such person to appear in court at the time of trial, pay any fine or forfeiture imposed on such person in an amount not to exceed Two Hundred Dollars ($200.00).
The issuance of a "guaranteed arrest bond certificate," as defined above, by an automobile club, automobile association or insurance company not authorized to transact fidelity and surety insurance business in this state shall not be construed as engaging in fidelity and surety insurance business in this state by such automobile club, automobile association or insurance company.
(3) This section shall be supplementary and complementary to Section 63-9-25 and shall not be construed as affecting or amending that section in any way.
SECTION 3. 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 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 * * * unless
subsection (4) 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 (4) 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.
(4) 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 (7) shall not be imposed.
(5) 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.
(6) 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.
(7) 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 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 (4) applies.
SECTION 4. This act shall take effect and be in force from and after July 1, 2021.
