Bill Text: MS HB308 | 2020 | Regular Session | Introduced
Bill Title: Cash Deposit Bond; create supplemental provisions to existing law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB308 Detail]
Download: Mississippi-2020-HB308-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A
By: Representative Blackmon
House Bill 308
AN ACT TO CREATE SUPPLEMENTAL PROVISIONS TO EXISTING LAW FOR CASH DEPOSIT BOND, SECURITY AND SURETY; TO AMEND SECTION 99-5-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The provisions of this section shall be construed to supplement Section 99-5-9 and the Mississippi Rules of Civil Procedure. Except as otherwise provided in Section 99-5-9, a "cash deposit bond" means an appearance bond secured by deposit with the circuit clerk, in the form of a cash deposit or certified funds, in an amount set by the judge. The amount of money tendered shall not be disbursed to any person except on written order of the court. The money deposited with the clerk shall be disbursed in the following manner: first, to pay any court costs assessed against the defendant; second, to pay any restitution the defendant has been ordered to make; third, to pay any fines imposed against the defendant; fourth, to pay any assignment of the sum made by the defendant to defendant's attorney; and fifth, any refund to the defendant or other disbursements as allowed by the court. The following requirements shall be met for any person to obtain a cash deposit bond:
(a) The accused must (i) never have been convicted in any court of this state, another state or a federal court, of a crime punishable by more than one (1) year's imprisonment, (ii) not currently be charged with or previously been convicted of escape, or (iii) had an order nisi entered on a previous bond;
(b) The amount of the bond must be set by the proper authority;
(c) A return date must be set by the proper authority;
(d) The accused must tender to the clerk of the circuit court ten percent (10%) of the amount of the bond as set, in cash, or Two Hundred Fifty Dollars ($250.00) in cash, whichever is greater;
(e) The accused must sign an appearance bond guaranteeing his/her appearance and binding himself/herself unto the State of Mississippi in the full amount of the bond as set to be used in the case of default; and
(f) The accused must swear in a duly notarized affidavit in substantially the following form:
"State of Mississippi
County of ___________________
Personally appeared before me, the undersigned authority in and for said county and state, __________, who after being duly sworn states:
1. I have never been convicted in any court of this state, another state, or a federal court of a crime punishable by more than one (1) year's imprisonment. I am not charged with escape and I have never been convicted of escape. I have had no order nisi entered on a bail bond executed by me.
2. The proper authority has set the sum of $_______ as the amount of bail bond to be executed by me. This bond was set by __________.
3. A return date has been set for this bond. Its return date is __________ and was set by __________.
4. I have tendered to the clerk of the Circuit Court of __________ County, Mississippi, ten percent (10%) of the amount of said bond in cash, which sum is not less than Two Hundred Fifty Dollars ($250.00). Said cash is my property. I authorize the clerk of said court to dispose of the same as follows: If the bond is forfeited, the cash tendered will be paid by the clerk, less a fee of not more than Ten Dollars ($10.00), to the county, and the amount so paid will be credited on the bond forfeited. If I appear on the return day and a final disposition is made of the case, the amount deposited with the clerk, less a fee of not more than Ten Dollars ($10.00) to be retained by the clerk, will be disposed of as ordered by the court.
5. I agree to report to the clerk of the court by telephone, or in person, and in writing on the first Monday of each month as to my current address and telephone number. If I fail to do so, I agree that the bond may be declared in default."
(2) "Security" means cash, certified funds, or a surety's undertaking deposited with the clerk to secure an appearance bond.
(3) "Surety" means someone (other than the person seeking release) who executes an appearance bond and is therefore bound to pay its amount, if the person released fails to appear for any proceeding as ordered by the court. A surety, except one governed by Section 83-39-1 et seq. shall file with the appearance bond an affidavit or sworn certification:
(a) Stating that the surety is not an attorney, judicial official, or person authorized to accept bail;
(b) Stating that the surety owns property in this state, which property, standing alone or when aggregated with that of other sureties, is worth the amount of the appearance bond (provided, that the property shall be exclusive of property exempt from execution and its value equaling the amount of the appearance bond shall be above and over all liabilities, including the amount of all other outstanding appearance bonds entered into by the surety); and
(c) Specifying the number and amount of other outstanding appearance bonds entered into by the surety.
SECTION 2. Section 99-5-9, Mississippi Code of 1972, is amended as follows:
99-5-9. (1) In addition to any type of bail allowed by statute, any committing court, in its discretion, may allow any defendant, to whom bail is allowable, to deposit cash as bail bond in lieu of a surety or property bail bond, by depositing such cash sum as the court may direct with the sheriff or officer having custody of defendant, who shall receipt therefor and who shall forthwith deliver the said monies to the county treasurer, who shall receipt therefor in duplicate. The sheriff, or other officer, upon receipt of the county treasurer, shall forthwith deliver one (1) copy of such receipt to the committing court who shall then order the release of such defendant.
(2) The order of the court shall set forth the conditions upon which such cash bond is allowed and shall be determined to be the agreement upon which the bailee has agreed.
(3) The sums received by the county treasurer shall be deposited by him in a special fund to be known as "Cash Bail Fund," and shall be received by him subject to the terms and conditions of the order of the court.
(4) If the committing court authorizes bail by a cash deposit under subsection (1) of this section, but anyone authorized to release a criminal defendant allows the deposit of an amount less than the full amount of the bail ordered by the court, the defendant may post bail by a professional bail agent in an amount equal to one-fourth (1/4) of the full amount fixed under subsection (1) or the amount of the actual deposit whichever is greater.
(5) The provisions of Section 1 of House Bill No. , 2020 Regular Session, shall be a supplement and construed in addition to this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.
