Bill Text: MS HB271 | 2010 | Regular Session | Introduced
Bill Title: Capital cases; allow change of venue under certain circumstances if requested by prosecutor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB271 Detail]
Download: Mississippi-2010-HB271-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary En Banc
By: Representative Howell
House Bill 271
AN ACT TO AMEND SECTIONS 99-15-35 AND 99-15-43, MISSISSIPPI CODE OF 1972, TO ALLOW CHANGE OF VENUE IN CAPITAL CASES UNDER CERTAIN CIRCUMSTANCES IF REQUESTED BY THE PROSECUTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-35, Mississippi Code of 1972, is amended as follows:
99-15-35. On satisfactory showing, in writing, sworn to by the prisoner, made to the court, or to the judge thereof in vacation, supported by the affidavits of two (2) or more credible persons, that, by reason of prejudgment of the case, or grudge or ill will to the defendant in the public mind, he cannot have a fair and impartial trial in the county where the offense is charged to have been committed, the circuit court, or the judge thereof in vacation, may change the venue in any criminal case to a convenient county, upon such terms, as to the costs in the case, as may be proper. The prosecution may receive a change of venue in a capital case if the court determines that the prosecution cannot have a fair and impartial trial in the county where the offense is charged to have been committed.
SECTION 2. Section 99-15-43, Mississippi Code of 1972, is amended as follows:
99-15-43. Except as otherwise provided in Section 99-15-35, in capital cases the application for change of venue must be made before the drawing of any special venire which is summoned to appear on the day the case is set for trial, or it will be too late, except where the ground on which such application is based occurred after the drawing of such venire.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
