Bill Text: MS SB2230 | 2026 | Regular Session | Enrolled
Bill Title: Electronic warrants; provide use for misdemeanors and protection orders.
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2026-03-13 - Approved by Governor [SB2230 Detail]
Download: Mississippi-2026-SB2230-Enrolled.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) Hill
Senate Bill 2230
(As Sent to Governor)
AN ACT TO AMEND SECTION 99-3-47, MISSISSIPPI CODE OF 1972, TO INCLUDE MISDEMEANOR WARRANTS WITHIN THE PROVISION OF LAW THAT PROVIDES FOR ELECTRONIC WARRANTS; TO CLARIFY THAT A SIGNATURE UTILIZED BY THE JUDICIAL BRANCH OF STATE GOVERNMENT ON A PROTECTION ORDER SHALL NOT BE DENIED LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-3-47, Mississippi Code of 1972, is amended as follows:
99-3-47. (1) An application for a felony or misdemeanor warrant or signature utilized by the judicial branch of state government, to include, but not limited to, a protection order, other than an application for a no-knock warrant shall not be denied legal effect or enforceability solely because it is in electronic form. An application, signature or record in electronic form shall have the full effect of law.
(2) If a provision of law requires the application for a felony or misdemeanor warrant to be in writing, an electronic version of the written record shall satisfy such provision of law.
(3) If a provision of law requires a signature, an electronic signature satisfies such provision of law.
(4) An application used to attach a digital signature to a felony or misdemeanor warrant or affidavit must have security procedures in place that ensure the authenticity of the digital signature. The application must also be able to keep an electronic record of the warrant or affidavit, including the time and date of when the signature was attached. The application must also include encryption measures to ensure secure access of the application.
(5) Unless otherwise agreed to by a sender of a warrant application and the judge, an electronic record is received when:
(a) The record enters an information-processing system that the local court rules have designated and approved for the purpose of receiving electronic applications for warrants and from which the recipient is able to retrieve the electronic record; and
(b) It is in a form capable of being processed by the system, and in a form that satisfies the provisions of the Mississippi Public Records Act of 1983.
(6) In an instance where an affidavit is submitted to a judge electronically, the electronic signature of the affiant shall satisfy the constitutional requirement that the testimony of the affiant be made under oath, provided that such signature is made under penalty of perjury and in compliance with subsection (4) of this section. If the requirements of subsection (4) of this section are met, it shall not be necessary for the oath to be made orally for the affidavit to have legal effect.
(7) An application for a felony or misdemeanor warrant or signature made pursuant to this section shall contain a statement that the application is being made for a felony or misdemeanor criminal investigation, as applicable.
(8) Before an electronic felony or misdemeanor warrant shall be issued pursuant to this section, the applicant shall be required to meet with a judge. The meeting required by this subsection may be through the use of video or teleconference devices.
(9) This section shall not authorize the issuance of no-knock warrants by the use of electronic warrant applications or electronic signatures for the applications.
SECTION 2. This act shall take effect and be in force from and after its passage.
