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H. B. No. 1149 *HR26/R1966* ~ OFFICIAL ~ G1/2
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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Burch
HOUSE BILL NO. 1149
AN ACT TO AMEND SECTION 99-5-9, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE ANY COURT TO ALLOW A DEFENDANT TO POST A CASH DEPOSIT NO 2
LESS THAN 10% OF THE TOTAL BAIL AMOUNT IN LIEU OF A SURETY OR 3
PROPERTY BOND, ONLY IF THE DEFENDANT MEETS CERTAIN REQUIREMENTS 4
AND EXECUTES A SWORN AFFIDAVIT OF ELIGIBILITY; TO REQUIRE THE 5
CLERK OF A COURT TO PROVIDE THE DEFENDANT WITH STATUTORY NOTICE 6
PRIOR TO ACCEPTING ANY CASH BAIL; TO SET FORTH A FORM NOTICE TO BE 7
USED BY COURT CLERKS; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 99-5-9, Mississippi Code of 1972, is 10
amended as follows: 11
99-5-9. (1) In addition to any type of bail allowed by 12
statute, any committing court, in its discretion, may allow any 13
defendant, to whom bail is allowable, to deposit cash as bail bond 14
in lieu of a surety or property bail bond, by depositing such cash 15
sum as the court may direct with the sheriff or officer having 16
custody of defendant, who shall receipt therefor and who shall 17
forthwith deliver the said monies to the county treasurer, who 18
shall receipt therefor in duplicate. The sheriff, or other 19
officer, upon receipt of the county treasurer, shall forthwith 20
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deliver one (1) copy of such receipt to the committing court who 21
shall then order the release of such defendant. 22
(2) (a) The order of the court shall set forth the 23
conditions upon which such cash bond is allowed and shall be 24
determined to be the agreement upon which the bailee defendant has 25
agreed. 26
(b) Any court may authorize a defendant to post a cash 27
deposit no less than ten percent (10%) of the total bail amount in 28
lieu of a surety or property bond, only if the defendant: 29
(i) Meets all of the conditions set out in the 30
Mississippi Rules of Criminal Procedures; and 31
(ii) Executes a sworn affidavit affirming such 32
eligibility. 33
(3) The sums received by the county treasurer shall be 34
deposited by him in a special fund to be known as "Cash Bail 35
Fund," and shall be received by him subject to the terms and 36
conditions of the order of the court. 37
(4) If the committing court authorizes bail by a cash 38
deposit under subsection (1) of this section, but anyone 39
authorized to release a criminal defendant allows the deposit of 40
an amount less than the full amount of the bail ordered by the 41
court, the clerk of the court shall, prior to accepting any bail 42
payment from the defendant, provide the defendant with written 43
notice as prescribed in subsection (5) of this section. After 44
acknowledging receipt of such notice in writing, the defendant may 45
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post bail by a professional bail agent in an amount equal to 46
one-fourth (1/4) of the full amount fixed under subsection (1) or 47
the amount of the actual deposit whichever is greater. 48
(5) The clerk of the court shall provide written notice to 49
the defendant of his or her options in posting bail, using the 50
form prescribed in the Mississippi Rules of Criminal Procedure or 51
the form prescribed in subsection (6) of this section if the Rules 52
do not prescribe a substantially identical form. The notice shall 53
be provided in a clear and conspicuous manner, and the defendant 54
shall sign an acknowledgment of receipt before making any bail 55
payment. 56
(6) The notice form required under subsection (5) shall be 57
substantially in the following form: 58
"STATUTORY FORM 59
(As prescribed in Section 99-5-9(6)) 60
NOTICE OF BAIL OPTIONS 61
Section 99-5-9, Mississippi Code of 1972 62
To: ______________________________ 63
(Defendant's Name) 64
Case Number: _____________________ 65
Court: ___________________________ 66
IMPORTANT NOTICE REGARDING YOUR BAIL OPTIONS 67
The court has set your bail in the amount of $_______________. 68
You have been informed that you may deposit a lesser amount of 69
$_______________ as cash bail. 70
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"YOU HAVE THE FOLLOWING OPTIONS FOR POSTING BAIL: 71
Option 1: Cash Bail 72
You may deposit $_______________ in cash with the court. 73
Option 2: Professional Bail Agent 74
Under Mississippi law, you may post bail through a professional 75
bail agent (bail bondsman). The bail agent will post a bond in an 76
amount equal to one-fourth (1/4) of the full bail amount set by 77
the court OR the amount of the reduced cash deposit allowed, 78
whichever is GREATER. 79
IMPORTANT: When using a bail agent, you will typically pay a 80
nonrefundable premium of ten percent (10%) of the amount of bail 81
plus Fifty Dollars ($50.00) per bond charge with a minimum fee of 82
One Hundred Fifty Dollars ($150.00) for Mississippi residents. A 83
premium of fifteen percent (15%) is charged to out-of-state 84
residents plus Fifty Dollars ($50.00) per bond charge. You do NOT 85
pay the full bond amount to the bail agent. In some instances, 86
the bail agent may require additional security. You should 87
consult with an approved bail agent for specifics in this regard. 88
In your case: 89
Full bail amount: $_______________ 90
One-fourth (1/4) of full bail amount: $_______________ 91
Reduced cash deposit amount: $_______________ 92
Bond amount through bail agent: $_______________ 93
Estimated premium you would pay to bail agent: 94
$_______________ (Mississippi residents) 95
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ST: Bail; authorize defendant to post a cash
deposit.
$_______________ (out-of-state residents) 96
NOTE: The bail agent's premium is typically nonrefundable, even 97
if your case is dismissed or you are found not guilty. If you 98
choose to use a professional bail agent, you will need to contact 99
a licensed bail agent directly. You should discuss all terms, 100
conditions, fees and collateral requirements with the bail agent 101
before entering into any agreement. 102
YOU MUST MAKE YOUR CHOICE BEFORE POSTING BAIL. 103
ACKNOWLEDGMENT OF RECEIPT 104
I acknowledge that I have received this notice and understand my 105
bail options as explained above. I understand that I have the 106
right to post bail either by cash deposit or through a 107
professional bail agent as described in this notice. 108
______________________________ Date: _______________ 109
Defendant Signature 110
______________________________ Date: _______________ 111
Clerk of Court" 112
SECTION 2. This act shall take effect and be in force from 113
and after July 1, 2026. 114