Bill Text: MS HB983 | 2026 | Regular Session | Introduced
Bill Title: Bail; prohibit unsecured judicial release.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB983 Detail]
Download: Mississippi-2026-HB983-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary B
By: Representative Yancey
House Bill 983
AN ACT TO PROHIBIT ANY JUDGE FROM GRANTING UNSECURED JUDICIAL RELEASE FOR ANY PERSON WHO HAS COMMITTED A BAIL RESTRICTED OFFENSE; TO PROVIDE DEFINITIONS FOR THE TERMS "UNSECURED JUDICIAL RELEASE" "BAIL RESTRICTED OFFENSE"; TO AMEND SECTION 99-5-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Bail restricted offense" means any offense for which the punishment may include imprisonment in excess of one (1) year.
(b) "Unsecured judicial release" means any release that does not require the posting of a monetary bond, property, or other security, including, but not limited to:
(i) Release on a person's own recognizance;
(ii) Release on an unsecured appearance bond; or
(iii) Release conditioned upon entering a pretrial release program, pretrial diversion program, or similar intervention program, where no monetary bond, property, or other security is required.
(2) No person charged with a bail restricted offense shall be eligible for release by any judge on an unsecured judicial release. Such persons charged with a bail restricted offense shall only be eligible for release through the use of a secured monetary bond, property bond, or surety bond.
(3) In addition to other laws regarding the release of an
accused person, and except as
provided in subsection (2) of this section, the judge of any court having
jurisdiction over a person charged with committing a criminal offense against the criminal laws of this state shall have authority,
in his or her sound discretion and in appropriate cases, to authorize the
release of the person on an unsecured judicial release.
(4) The Mississippi Legislature shall have power to enact legislation consistent with this amendment. This amendment shall take effect on January 1 of the year following ratification.
SECTION 2. Section 99-5-11, Mississippi Code of 1972, is amended as follows:
99-5-11. (1) Except as otherwise provided by this act, 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.
(2) (a) Financial conditions of bail shall not be set for the sole purpose of detaining the defendant. When bail is set, it is presumed that the amount of bail is both necessary to reasonably assure the safety of a victim, witness or general public and to guarantee the appearance of a defendant as required by the court. The amount of bail is also presumed to be attainable by the defendant. The presumption that bail is attainable by the defendant may be rebutted by the defendant who may file a motion to reduce or set aside the bail requirement with the court due to lack of financial means, which shall also consider the availability of a third-party support system to obtain the defendant's release. The court shall rule on any such motion within forty-eight (48) hours of the filing.
(b) * * * No misdemeanor defendant
shall be incarcerated solely because the defendant cannot afford to post bail;
nor shall a misdemeanor defendant be released solely because the defendant
cannot afford bail. It is the duty of the justice court judge or conservator
of the peace to ensure that release of the defendant does not jeopardize the
community.
(c) The accused may waive an appearance before the judge and execute an appearance bond in an amount determined by the court from the bond guidelines set out in the Mississippi Rules of Criminal Procedure and agree to appear at a specified time and place.
(d) If the justice court judge or conservator of the peace is unavailable and has not otherwise provided for the setting of bail, it is lawful for any officer or officers designated by order of the justice court judge or conservator of the peace to take bond, cash, property or recognizance, with or without sureties, in the amount of the minimum bail specified in the bond guidelines set out in the Mississippi Rules of Criminal Procedure, payable to the county and conditioned for the appearance of the person on the return day and time of the writ before the court to which the warrant is returnable, or in cases of arrest without a warrant, on the day and time set by the court or officer for arraignment, and there remain from day to day and term to term until discharged.
(3) 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.
(4) In circumstances involving an offense against any of the following: (a) a current or former spouse of the accused 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) a parent, grandparent, child, grandchild or someone similarly situated to 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 Protection Order Registry authorized under Section 93-21-25, and the existence of a domestic abuse protection order against the accused shall be considered when determining appropriate bail.
* * *
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.
