Bill Text: MS HB1439 | 2012 | Regular Session | Introduced
Bill Title: Domestic abuse; Protective Order Registry to be checked before granting bail on another charge.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB1439 Detail]
Download: Mississippi-2012-HB1439-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary B
By: Representative Mayo
House Bill 1439
AN ACT TO AMEND SECTION 99-5-11, MISSISSIPPI CODE OF 1972, TO REQUIRE JUDGES TO CHECK THE ATTORNEY GENERAL'S PROTECTIVE ORDER REGISTRY BEFORE GRANTING BAIL ON CERTAIN OTHER CHARGES; TO BRING FORWARD SECTION 99-5-37, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-5-11, Mississippi Code of 1972, is amended as follows:
99-5-11. (1) All justice court judges and all other conservators of the peace are authorized, whenever a person is brought before them charged with any offense not capital for which bail is allowed by law, to take the recognizance or bond of the person, with sufficient sureties, in such penalty as the justice court judge or conservator of the peace may require, for his appearance before the justice court judge or conservator of the peace for an examination of his case at some future day. And if the person thus recognized or thus giving bond fails to appear at the appointed time, it shall be the duty of the justice court judge or conservator of the peace to return the recognizance or bond, with his certificate of default, to the court having jurisdiction of the case, and a recovery may be had therein by scire facias, as in other cases of forfeiture. The justice court judge or other conservator of the peace shall also issue an alias warrant for the defaulter.
(2) In circumstances involving an offense against any of the following: (a) a current or former spouse or child of that person; (b) a person living as a spouse or who formerly lived as a spouse with the accused or a child of that person; (c) other persons related by consanguinity or affinity who reside with or formerly resided with the accused; (d) a person who has a current or former dating relationship with the accused; or (e) a person with whom the accused has had a biological or legally adopted child, the justice court judge or other conservator of the peace shall check, or cause to be made a check, of the status of the person for whom recognizance or bond is taken before ordering bail, in the Mississippi Protective Order Registry authorized under Section 93-21-25 and the existence of a domestic abuse protection order against the defendant shall be considered when determining appropriate bail.
SECTION 2. Section 99-5-37, Mississippi Code of 1972, is brought forward as follows:
99-5-37. In any arrest for a misdemeanor which is an act of domestic violence, as defined in Section 99-3-7(5), or for a knowing violation of a domestic abuse protective order issued pursuant to Section 93-21-1 et seq., no bail shall be granted until the person arrested has appeared before a judge of the court of competent jurisdiction. The defendant shall be brought before a judge at the first reasonable opportunity, not to exceed twenty-four (24) hours from the time of the arrest; the judge may order a twenty-four-hour cooling-off period. In calculating the twenty-four (24) hours, weekends and holidays shall be included. The appearance may be by telephone. Upon setting bail in any case involving a misdemeanor which is an act of domestic violence or a knowing violation of a domestic abuse protective order, the judge shall give particular consideration to the exigencies of the case, including, but not limited to, (a) the potential for further violence; (b) the past history, if any, of violence between the defendant and alleged victim; (c) the level of violence of the instant offense; (d) any threats of further violence; and (e) the existence of a domestic violence protection order prohibiting the defendant from engaging in abusive behavior, and shall impose any specific conditions as he or she may deem necessary. Specific conditions which may be imposed by the judge may include, but are not limited to, the issuance of an order prohibiting the defendant from contacting the alleged victim prior to trial, prohibiting the defendant from abusing or threatening the alleged victim or requiring defendant to refrain from drug or alcohol use. All such orders shall be reduced to writing and a copy of any such order shall be provided at no cost to the arrested person upon his or her release, to the appropriate law enforcement agency, and to the victim of the alleged crime.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012.
