Bill Amendment: MS HB1142 | 2026 | Regular Session
Bill Title: Bench warrant notices; revise the process.
Status: 2026-04-09 - Approved by Governor [HB1142 Detail]
Download: Mississippi-2026-HB1142-Senate_Amendment_No_1.html
Pending
AMENDMENT NO 1 PROPOSED TO
House Bill No. 1142
BY: Senator(s) Fillingane
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 99-5-25, Mississippi Code of 1972, is amended as follows:
99-5-25. (1) (a) The purpose of bail is to guarantee appearance and a bail bond shall not be forfeited for any other reason.
(b)
If a defendant in any criminal case, proceeding or matter fails to appear for
any proceeding as ordered by the court, then the court shall order the bail
forfeited and a judgment nisi and a bench warrant issued at the time of
nonappearance. The clerk of the court shall notify the surety of the forfeiture
by writ of scire facias, with a copy of the judgment nisi and bench warrant
attached thereto, within ten (10) working days of such order of judgment nisi * * * by * * * personal
service or electronic transmission. The
clerk shall execute and file of record a certificate of service, signed by the
clerk or the clerk's designee under penalty of perjury, certifying:
(i) That the writ of scire facias, together with attached copies of the judgment nisi and bench warrant, was personally served or electronically transmitted on a specified date;
(ii) The method of service or transmission used, including the location of the personal service made or email address to which it was directed. In addition to the certificate, the clerk shall retain in the court file or electronic case record proof of outgoing transmission, such as a copy of the sent email showing date, time, recipient address, and attachments. The certificate of service together with the retained proof transmission shall constitute prima facie evidence that the writ of scire facias and attachments were properly provided as required herein. The failure of the surety, surety agent, surety company, or defendant to receive the writ shall not constitute a defense to the forfeiture and shall not be grounds for discharge, remission, reduction, setting aside, or continuance of the forfeiture. Electronic transmission may also be made by utilizing the Mississippi Electronic Court System.
Failure to provide the required notice within ten (10) working days shall constitute prima facie evidence that the order shall be set aside, and the clerk shall accept a set-aside order on behalf of the surety to that effect for submission to the court. All felony warrants issued by a court for nonappearance shall be put on the National Crime Information Center (NCIC) index with no restrictions until the defendant is returned to custody.
(c) The judgment nisi
shall be returnable for ninety (90) days from the date of issuance. If during
such period the defendant appears before the court, or is arrested and
surrendered, then the judgment nisi shall be set aside and a copy of the
judgment that is set aside shall be served on the surety * * * as provided in paragraph (b) of this subsection (1).
If the surety produces the defendant or provides to the court reasonable
mitigating circumstances upon such showing, then the forfeiture shall not be
made final. If the forfeiture is made final, a copy of the final judgment
shall be served on the surety within ten (10) working days * * * as
provided in paragraph (b) of this subsection (1). Reasonable mitigating
circumstances shall be that the defendant is incarcerated in another
jurisdiction, that the defendant is hospitalized under a doctor's care, that
the defendant is in a recognized drug rehabilitation program, that the
defendant has been placed in a witness protection program and it shall be the
duty of any such agency placing such defendant into a witness protection
program to notify the court and the court to notify the surety, or any other
reason justifiable to the court.
(d) Execution upon the final judgment shall be automatically stayed for ninety (90) days from the date of entry of the final judgment. If, at any time before execution of the final judgment, the defendant appears in court either voluntarily or in custody after surrender or arrest, the court shall on its own motion direct that the forfeiture be set aside and the bond exonerated as of the date the defendant first appeared in court.
(2) (a) If a final judgment is entered against a surety licensed by the Department of Insurance and has not been set aside after ninety (90) days, or later if such time is extended by the court issuing the judgment nisi, then the court shall order the department to revoke the authority of the surety to write bail bonds. The commissioner shall, upon notice of the court, notify the surety within five (5) working days of receipt of revocation. If after thirty (30) working days of such notification the revocation order has not been set aside by the court, then the commissioner shall revoke the authority of the surety and all agents of the surety and shall notify the sheriff of every county of such revocation.
(b) Before the revocation authorized in paragraph (a) of this subsection, the surety may submit proof to the department that the defendant has been surrendered to the appropriate authorities or that the bond has been paid directly to the court or other proper authorities, such proof to include, but not be limited to:
(i) A receipt of payment to the bond;
(ii) A surrender certificate; or
(iii) A notice of surrender from the proper authorities, including foreign jurisdictions.
(3) If within eighteen (18) months of the date of the final forfeiture the defendant appears for court, is arrested or surrendered to the court, or if the defendant is found to be incarcerated in another jurisdiction and a hold order placed on the defendant, then the amount of bail, less reasonable extradition cost, excluding attorney fees, shall be refunded by the court upon application by the surety.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026, and shall stand repealed on June 30, 2026.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 99-5-25, MISSISSIPPI CODE OF 1972, TO REVISE HOW THE CLERK OF THE COURT PROVIDES NOTICE FOR BENCH WARRANTS; AND FOR RELATED PURPOSES.
