Bill Text: MS SB2097 | 2021 | Regular Session | Introduced
Bill Title: Criminal procedure; allow interlocutory appeal by prosecution of certain adverse rulings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2097 Detail]
Download: Mississippi-2021-SB2097-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A; Accountability, Efficiency, Transparency
By: Senator(s) Fillingane
Senate Bill 2097
AN ACT TO AMEND SECTION 99-35-103, MISSISSIPPI CODE OF 1972, TO ALLOW INTERLOCUTORY APPEAL BY THE PROSECUTION UNDER CERTAIN CIRCUMSTANCES TO STAY PROCEEDINGS AND TOLL THE PERIOD OF TIME WITHIN WHICH A DEFENDANT MUST BE TRIED; TO AUTHORIZE AN APPEAL PROCEDURE FROM COUNTY COURT; TO AMEND SECTION 9-9-21, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-35-103, Mississippi Code of 1972, is amended as follows:
99-35-103. The state or any municipal corporation may prosecute an appeal from a judgment of the circuit or county court in a criminal cause in the following cases:
(a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.
(b) From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.
(c) From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.
(d) (i) From a ruling adverse to the state in a criminal case if:
1. The ruling is made before a plea of guilty or the beginning of a jury trial;
2. The indictment is for a crime of violence as listed in Section 97-3-2; and
3. The trial court's adverse ruling would prevent the prosecution from introducing evidence that would be relevant to prove an element of the offense.
(ii) The appeal must be filed in compliance with Rule 5 of the Rules of Appellate Procedure, and the appeal will:
1. Stay the prosecution of the offense; and
2. Toll the application of Section 99-17-1 as to the period of time within which a defendant must be tried pending a resolution of the interlocutory appeal.
SECTION 2. Section 9-9-21, Mississippi Code of 1972, is amended as follows:
9-9-21. (1) The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Two Hundred Thousand Dollars ($200,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in such actions where the amount sought to be recovered in such setoff, counterclaim or cross-bill exceeds Two Hundred Thousand Dollars ($200,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Two Hundred Thousand Dollars ($200,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively the jurisdiction heretofore exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of said court in vacation. The county court shall have jurisdiction over criminal matters in the county assigned by a judge of the circuit court district in which the county is included, including jurisdiction as provided in Section 99-35-103.
(2) In the event of the establishment of a county court by an agreement between two (2) or more counties as provided in Section 9-9-3, it shall be lawful for such court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in the other county under the jurisdiction of said court.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.
