Bill Text: MS HB1266 | 2011 | Regular Session | Introduced
Bill Title: Bail bonds; impose a 1% increase on fee charged to be deposited in the State Treasury for Department of Mental Health.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Failed) 2011-02-01 - Died In Committee [HB1266 Detail]
Download: Mississippi-2011-HB1266-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary B; Appropriations
By: Representatives Banks, Fredericks
House Bill 1266
AN ACT TO AMEND SECTIONS 83-39-25 AND 83-39-31, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE PERCENTAGE CHARGED AND COLLECTED FOR BONDS POSTED BY PROFESSIONAL BAIL AGENTS AND REQUIRED BY THE CLERK OF THE COURT UPON A DEFENDANT'S APPEARANCE BY ONE PERCENT; TO PROVIDE THAT THE ADDITIONAL ONE PERCENT COLLECTED SHALL BE DEPOSITED INTO A SPECIAL FUND CREATED IN THE STATE TREASURY FOR THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH; TO CREATE THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH BONDS SUSTAINABILITY FUND IN THE STATE TREASURY FOR THE PURPOSE OF PROVIDING ADDITIONAL CAPITAL FOR THE OPERATING COSTS OF THE DEPARTMENT OF MENTAL HEALTH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-39-25, Mississippi Code of 1972, is amended as follows:
83-39-25. (1) (a) A professional bail agent or his agent shall charge and collect for his premium, commission, or fee an amount of eleven percent (11%) of the amount of bail per bond posted by him, or One Hundred Dollars ($100.00), whichever is greater, except on a bond on a defendant who is charged with a capital offense, or on a defendant who resides outside the State of Mississippi, in which case the premium, commission or fee shall be sixteen percent (16%) of the amount of bail, per bond posted by him, or One Hundred Dollars ($100.00), whichever is greater.
(b) One percent (1%) of the amount charged and collected by a professional bail agent or his agent for his premium, commission, or fee for services of posting bond on a defendant, under the authority of paragraph (a) of this subsection, shall be deposited into a special fund created in the State Treasury for the Mississippi Department of Mental Health.
(2) A professional bail agent or his agent shall also charge an additional Fifty Dollars ($50.00) processing fee on each bond issued by him.
(3) Nothing herein shall prohibit a professional bail agent or his agent from holding collateral or taking a security interest in collateral for the purpose of insuring the payment of the premium of the bond posted or indemnifying the professional bail agent for losses incurred due to a forfeiture of a bond or the costs of apprehension and surrender of the principal.
SECTION 2. Section 83-39-31, Mississippi Code of 1972, is amended as follows:
83-39-31. (1) (a) Upon every defendant charged with a criminal offense who posts a cash bail bond, 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 three percent (3%) 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 or at the time the defendant posts cash bond unless subsection (4) applies.
(b) One percent (1%) of the face value of each bond collected under the authority of paragraph (a) of this subsection shall be deposited into a special fund created in the State Treasury for the Mississippi Department of Mental Health.
(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) (a) 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 three percent (3%) 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.
(b) One percent (1%) of the face value of each bond collected under the authority of paragraph (a) of this subsection shall be deposited into a special fund created in the State Treasury for the Mississippi Department of Mental Health.
(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 cash bail bond, 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.
SECTION 3. There is created in the State Treasury a special fund to be known as the "Mississippi Department of Mental Health Bonds Sustainability Fund." The purpose of the fund shall be to provide additional capital to the Department of Mental Health for operational purposes. The fund shall consist of monies collected and deposited from the additional fee imposed for bail and bond services provided by professional bail agents and clerks of courts, and any other funds obtained from grants from the federal government, gifts, devises and donations from any public or private source. The Department of Mental Health shall administer the fund and may apply for any grants from the federal government or private sources. Any unexpended monies remaining in the fund at the end of the fiscal year shall not lapse into the General Fund, but shall remain available for use by the Department of Mental Health.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
