House Bill 647

AN ACT TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MARSHALS AND CONSTABLES TO BE PAID FOR CIVIL SERVICE OF PROCESS AFTER DILIGENT SEARCH AND INQUIRY, REGARDLESS OF WHETHER SERVICE OF PROCESS IS SUCCESSFUL; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as stated otherwise in this section, and regardless of whether service of process is successful after diligent search and inquiry, each............................................ $35.00

(ii) A uniform total fee in all criminal cases, whether contested or uncontested, which shall include all services in connection therewith, except as stated otherwise in this section, each $35.00

(iii) In all cases where there is more than one (1) defendant, and regardless of whether service of process is successful after diligent search and inquiry, for service on each additional defendant................................................ $ 5.00

(iv) When * * * service of process on the defendant or defendants is unsuccessful after diligent search and inquiry, upon each subsequent attempt at service of process, regardless of whether service of process is successful after diligent search and inquiry, an additional fee shall be due in the following amount..................... $15.00

(v) When * * * service of process on the defendant or defendants is unsuccessful after diligent search and inquiry, and a defendant is to be served in a county other than the county in which a suit was filed, the constable in the county in which the suit was filed shall receive an additional fee, regardless of whether service of process is successful after diligent search and inquiry, in the following amount......................................................... $15.00

(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......................... $35.00

(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 per diem compensation provided under Section 25-3-69 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...................................................... $1,800.00

(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 2. This act shall take effect and be in force from and after July 1, 2012.