Restitution; require first monies collected by court from defendant to be allocated to.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Mattox

HOUSE BILL NO. 1229

AN ACT TO REQUIRE MONIES COLLECTED BY A COURT FROM A 1
DEFENDANT IN A CRIMINAL CASE TO FIRST BE CREDITED TOWARD THE 2
PAYMENT OF RESTITUTION; TO AMEND SECTION 99-37-5, MISSISSIPPI CODE 3
OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND 4
SECTION 99-37-3, MISSISSIPPI CODE OF 1972, TO REQUIRE A COURT TO 5
TAKE INTO CONSIDERATION A DEFENDANT'S FUTURE ABILITY TO PAY WHEN 6
DETERMINING WHETHER TO ORDER RESTITUTION; TO AMEND SECTION 7
25-7-27, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT 8
UNCOLLECTED FEES DUE TO A MARSHAL OR CONSTABLE BE PAID FROM THE 9
FIRST PROCEEDS RECEIVED BY THE COURT FROM THE GUILTY PARTY; AND 10
FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. In criminal matters adjudicated after July 1, 13
2026, the following is the allocation formula for monies paid by a 14
defendant to the court: 15
(a) The first monies paid in a case must be credited 16
toward the payment of restitution owed to the victim. 17
(b) Once restitution has been paid in full, the next 18
monies paid in the case must be credited toward the payment of 19
court costs, including any fees imposed by the court. 20
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(c) Once court costs have been paid in full, the next 21
monies paid in the case must be credited toward the payment of 22
assessments. 23
(d) Once assessments have been paid in full, any 24
additional monies paid by the defendant must be credited toward 25
the payment of any fines and penalties assessed. 26
SECTION 2. Section 99-37-5, Mississippi Code of 1972, is 27
amended as follows: 28
99-37-5. (1) When a defendant is sentenced to pay a fine or 29
costs or ordered to make restitution, the court may order payment 30
to be made forthwith or within a specified period of time or in 31
specified installments. In matters adjudicated after July 1, 32
2026, the first monies paid in a case must be credited toward the 33
payment of restitution owed to the victim. 34
(2) If a defendant is sentenced to a term of imprisonment, 35
an order of payment of a fine, costs or restitution shall not be 36
enforceable during the period of imprisonment unless the court 37
expressly finds that the defendant has assets to pay all or part 38
of the amounts ordered at the time of sentencing. 39
( * * *3) When a defendant sentenced to pay a fine or costs 40
or ordered to make restitution is also placed on probation or 41
imposition or execution of sentence is suspended, the court may 42
make payment of the fine or costs or the making of restitution a 43
condition of probation or suspension of sentence. Such offenders 44
shall make restitution payments directly to the victim. As an 45
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alternative to a contempt proceeding under Sections 99-37-7 46
through 99-37-13, the intentional refusal to obey the restitution 47
order or a failure by a defendant to make a good faith effort to 48
make such restitution may be considered a violation of the 49
defendant's probation and may be cause for revocation of his 50
probation or suspension of sentence. 51
SECTION 3. Section 99-37-3, Mississippi Code of 1972, is 52
amended as follows: 53
99-37-3. (1) When a person is convicted of criminal 54
activities which have resulted in pecuniary damages, in addition 55
to any other sentence it may impose, the court may order that the 56
defendant make restitution to the victim; * * * however, * * * the 57
justice court shall not order restitution in an amount exceeding 58
Five Thousand Dollars ($5,000.00). 59
(2) In determining whether to order restitution, which may 60
be complete, partial or nominal, and the method of payment, the 61
court shall take into account: 62
(a) The financial resources of the defendant, including 63
the future ability of the defendant to pay or perform, and the 64
burden that payment of restitution will impose, with due regard to 65
the other obligations of the defendant; 66
(b) The ability of the defendant to pay restitution on 67
an installment basis or on other conditions to be fixed by the 68
court; and 69
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(c) The rehabilitative effect on the defendant of the 70
payment of restitution and the method of payment. 71
(3) If the defendant objects to the imposition, amount or 72
distribution of the restitution, the court shall, at the time of 73
sentencing, allow him to be heard on such issue. 74
(4) If the court determines that restitution is 75
inappropriate or undesirable, an order reciting such finding shall 76
be entered, which should also state the underlying circumstances 77
for such determination. 78
SECTION 4. Section 25-7-27, Mississippi Code of 1972, is 79
amended as follows: 80
25-7-27. (1) Marshals and constables shall charge the 81
following fees: 82
(a) (i) In all civil and criminal cases, for each 83
service of process, summons, warrant, writ or other 84
notice................................................... $ 55.00 85
(ii) In all cases where there is more than one (1) 86
defendant residing at the same household, for service on each 87
additional defendant.................................... $ 10.00 88
(iii) For service of each process of every kind 89
and nature issued from outside the county where it is to be 90
served, the fees provided in subparagraphs (i) and (ii) of this 91
paragraph, as applicable, shall be assessed. 92
(iv) When a complaining party has provided 93
erroneous information to the clerk of the court relating to the 94
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service of process on the defendant or defendants and process 95
cannot be served after diligent search and inquiry on oath thereof 96
of the marshal or constable, as the case may be, charged with 97
serving such process, the fees provided in subparagraphs (i) and 98
(ii) of this paragraph, as applicable, shall be assessed. 99
(v) When process has been attempted in one (1) 100
county but the defendant is not found, and process must be served 101
on that defendant in another county, the clerk shall notify the 102
complaining party that an additional fee or fees must be paid 103
before the process can be delivered to the other county. 104
(b) After final judgment has been enrolled, further 105
proceedings involving levy of execution on judgments, and 106
attachment and garnishment proceedings shall be a new suit for 107
which the marshal or constable shall be entitled to the following 108
fee......................................................$ 55.00 109
(c) For conveying a person charged with a crime to 110
jail, mileage reimbursement in an amount not to exceed the rate 111
established under Section 25-3-41(2). 112
To be paid out of the county treasury on the allowance of the 113
board of supervisors, when the state fails in the prosecution, or 114
the person is convicted but is not able to pay the costs. 115
(d) For other service, the same fees allowed sheriffs 116
for similar services. 117
(e) For service as a bailiff in any court in a civil 118
case, to be paid by the county on allowance of the court on 119
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ST: Restitution; require first monies collected
by court from defendant to be allocated to.
issuance of a warrant therefor, an amount equal to the amount 120
provided under Section 19-25-31 for each day, or part thereof, for 121
which he serves as bailiff when the court is in session. 122
(f) For serving all warrants and other process and 123
attending all trials in state cases in which the state fails in 124
the prosecution, to be paid out of the county treasury on the 125
allowance of the board of supervisors without itemization, 126
subject, however, to the condition that the marshal or constable 127
must not have overcharged in the collection of fees for costs, 128
contrary to the provisions of this section, 129
annually.................................................$4,500.00 130
(2) Marshals and constables shall be paid all uncollected 131
fees levied under subsection (1) of this section in full from 132
the * * * proceeds received by the court from the guilty party or 133
from any other source of payment in connection with the case. 134
(3) In addition to the fees authorized to be paid to a 135
constable under subsection (1) of this section, a constable may 136
receive payments for collecting delinquent criminal fines in 137
justice court pursuant to the provisions of Section 19-3-41(3). 138
SECTION 5. This act shall take effect and be in force from 139
and after July 1, 2026. 140