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HB1433 • 2026

Bail bonds; require defendant to be returned to custody for failure to renew.

AN ACT TO AMEND SECTION 99-5-5, MISSISSIPPI CODE OF 1972, TO REQUIRE BONDS TO BE ASSESSED BY THE COURT FOR RENEWAL 6 MONTHS BEFORE THE DATE OF EXPIRATION FOR SUCH BONDS; TO RETURN INTO CUSTODY OF THE COMMITTING COURT ANY PERSON WHO FAILS TO RENEW A BOND WHEN SUCH RENEWAL IS NECESSARY AS DETERMINED BY THE COURT; TO AMEND SECTION 99-5-15, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SHERIFF TO RETURN TO THE CUSTODY OF THE COURT CERTAIN DEFENDANTS WHO FAIL TO RENEW HIS OR HER BAIL BOND; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Gibbs (72nd)
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The official source material does not provide information about the number of people who would be affected by this bill.

Bail Bonds Renewal Requirements

This bill changes Mississippi law to require defendants to renew their bail bonds six months before they expire and mandates that those who fail to do so be returned to custody.

What This Bill Does

  • Requires courts to assess whether a defendant needs to renew their bond six months before it expires.
  • Places defendants back into custody if they don't renew their bond when required by the court.
  • Amends existing law to require sheriffs to return certain defendants who fail to renew their bail bonds to the committing court.

Who It Names or Affects

  • Defendants who are out on bond
  • Courts responsible for assessing bond renewals
  • Sheriffs or other officers managing custody of defendants

Terms To Know

Bail Bond
A financial agreement that allows a defendant to be released from jail before their trial, with the condition that they return for court dates.
Committing Court
The court that initially sets bail and releases defendants on bond.

Limits and Unknowns

  • This bill did not pass during its session.
  • It is unclear how many people would be affected by this change in the law.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Judiciary B

Official Summary Text

Bail bonds; require defendant to be returned to custody for failure to renew.

Current Bill Text

Read the full stored bill text 
H. B. No. 1433 *HR26/R253* ~ OFFICIAL ~ G1/2
26/HR26/R253
PAGE 1 (GT\KW)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Gibbs (72nd)

HOUSE BILL NO. 1433

AN ACT TO AMEND SECTION 99-5-5, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE BONDS TO BE ASSESSED BY THE COURT FOR RENEWAL 6 MONTHS 2
BEFORE THE DATE OF EXPIRATION FOR SUCH BONDS; TO RETURN INTO 3
CUSTODY OF THE COMMITTING COURT ANY PERSON WHO FAILS TO RENEW A 4
BOND WHEN SUCH RENEWAL IS NECESSARY AS DETERMINED BY THE COURT; TO 5
AMEND SECTION 99-5-15, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 6
SHERIFF TO RETURN TO THE CUSTODY OF THE COURT CERTAIN DEFENDANTS 7
WHO FAIL TO RENEW HIS OR HER BAIL BOND; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 99-5-5, Mississippi Code of 1972, is 10
amended as follows: 11
99-5-5. All bonds and recognizances taken for the appearance 12
of any party, either as defendant, prosecutor, or witness in any 13
criminal proceeding or matter, shall be made payable to the state, 14
and shall have the effect to bind the accused and his sureties on 15
the bond or recognizance until the principal shall be discharged 16
by due course of law, and shall be in full force, from term to 17
term, for a period of three (3) years, except that a bond 18
returnable to the Supreme Court shall be in full force for a 19
period of five (5) years. If it is necessary to renew a bond, it 20
shall be renewed without additional premium. Six (6) months 21
H. B. No. 1433 *HR26/R253* ~ OFFICIAL ~
26/HR26/R253
PAGE 2 (GT\KW)

before the date on which a bond is due to expire, the court that 22
approved the bond shall determine whether factors exist to require 23
renewal of the bond. If a defendant fails to renew a bond that 24
the court determines to be necessary, the defendant shall be 25
placed back into custody with the court. For purpose of renewal, 26
the court shall be the court that approved the original bond. At 27
the end of the applicable period, a bond or recognizance that is 28
not renewed shall expire and shall be uncollectible unless the 29
collection process was started on or before the expiration date of 30
such bond or recognizance. Any bond or recognizance taken prior 31
to July 1, 1996, shall expire on July 1, 1999. If a defendant is 32
charged with multiple counts in one (1) warrant only one (1) bond 33
shall be taken. 34
SECTION 2. Section 99-5-15, Mississippi Code of 1972, is 35
amended as follows: 36
99-5-15. (1) It is the duty of the sheriff or other officer 37
having custody of such defendant, upon his compliance with the 38
order of the committing court or officer, to release him from 39
custody; and he shall approve the sureties on the bond, except 40
admitted and authorized fidelity and surety insurance companies 41
acting as surety, and for that purpose may examine them on oath, 42
or take their affidavit in writing, and may administer such oath. 43
(2) It is the duty of the sheriff or other officer having 44
authority to manage the custody of such defendant to return the 45
defendant to the committing court if he or she does not renew a 46
H. B. No. 1433 *HR26/R253* ~ OFFICIAL ~
26/HR26/R253
PAGE 3 (GT\KW)
ST: Bail bonds; require defendant to be
returned to custody for failure to renew.
bond that is required to be renewed in accordance with Section 47
99-5-5. 48
SECTION 3. This act shall take effect and be in force from 49
and after July 1, 2026. 50