Bill Text: MS SB2805 | 2019 | Regular Session | Introduced
Bill Title: Constables; increase the fees charged by.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2805 Detail]
Download: Mississippi-2019-SB2805-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Senator(s) Burton
Senate Bill 2805
AN ACT TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES CHARGED BY MARSHALS AND CONSTABLES; 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) * * * In all civil and
criminal cases, * * * for
each service of process, summons, warrant, writ or
other notice.................................... $ * * * 55.00
* * *
( * * *iiiii) In all cases where there is more than one (1)
defendant residing at the same household, for service on each additional
defendant............................................. $ 5.00
(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 ...................................... $ * * * 2,500.00
(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 2. This act shall take effect and be in force from and after July 1, 2019.
