Justice court judges; authorize to set bail for capital offenses.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Horan

HOUSE BILL NO. 1611

AN ACT TO AMEND SECTION 99-5-11, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE JUSTICE COURT JUDGES TO SET BAIL FOR CAPITAL OFFENSES; 2
AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 99-5-11, Mississippi Code of 1972, is 5
amended as follows: 6
99-5-11. (1) All justice court judges and all other 7
conservators of the peace are authorized, whenever a person is 8
brought before them charged with any offense * * * for which bail 9
is allowed by law, to take the recognizance or bond of the person, 10
with sufficient sureties, in such penalty as the justice court 11
judge or conservator of the peace may require, for his appearance 12
before the justice court judge or conservator of the peace for an 13
examination of his case at some future day. 14
(2) (a) Financial conditions of bail shall not be set for 15
the sole purpose of detaining the defendant. When bail is set, it 16
is presumed that the amount of bail is both necessary to 17
reasonably assure the safety of a victim, witness or general 18
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public and to guarantee the appearance of a defendant as required 19
by the court. The amount of bail is also presumed to be 20
attainable by the defendant. The presumption that bail is 21
attainable by the defendant may be rebutted by the defendant who 22
may file a motion to reduce or set aside the bail requirement with 23
the court due to lack of financial means, which shall also 24
consider the availability of a third-party support system to 25
obtain the defendant's release. The court shall rule on any such 26
motion within forty-eight (48) hours of the filing. 27
(b) In cases in which the defendant or his counsel 28
asserts that the defendant is indigent and cannot afford the 29
amount of bail, the justice court judge or conservator of the 30
peace shall make a determination of whether the defendant can be 31
released on recognizance, based on the standards enumerated in the 32
Mississippi Rules of Criminal Procedure and any other factors 33
considered relevant * * *. No misdemeanor defendant shall be 34
incarcerated solely because the defendant cannot afford to post 35
bail; nor shall a misdemeanor defendant be released solely because 36
the defendant cannot afford bail. It is the duty of the justice 37
court judge or conservator of the peace to ensure that release of 38
the defendant does not jeopardize the community. 39
(c) The accused may waive an appearance before the 40
judge and execute an appearance bond in an amount determined by 41
the court from the bond guidelines set out in the Mississippi 42
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Rules of Criminal Procedure and agree to appear at a specified 43
time and place. 44
(d) If the justice court judge or conservator of the 45
peace is unavailable and has not otherwise provided for the 46
setting of bail, it is lawful for any officer or officers 47
designated by order of the justice court judge or conservator of 48
the peace to take bond, cash, property or recognizance, with or 49
without sureties, in the amount of the minimum bail specified in 50
the bond guidelines set out in the Mississippi Rules of Criminal 51
Procedure, payable to the county and conditioned for the 52
appearance of the person on the return day and time of the writ 53
before the court to which the warrant is returnable, or in cases 54
of arrest without a warrant, on the day and time set by the court 55
or officer for arraignment, and there remain from day to day and 56
term to term until discharged. 57
(3) And if the person thus recognized or thus giving bond 58
fails to appear at the appointed time, it shall be the duty of the 59
justice court judge or conservator of the peace to return the 60
recognizance or bond, with his certificate of default, to the 61
court having jurisdiction of the case, and a recovery may be had 62
therein by scire facias, as in other cases of forfeiture. The 63
justice court judge or other conservator of the peace shall also 64
issue an alias warrant for the defaulter. 65
(4) In circumstances involving an offense against any of the 66
following: (a) a current or former spouse of the accused or child 67
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of that person; (b) a person living as a spouse or who formerly 68
lived as a spouse with the accused or a child of that person; (c) 69
a parent, grandparent, child, grandchild or someone similarly 70
situated to the accused; (d) a person who has a current or former 71
dating relationship with the accused; or (e) a person with whom 72
the accused has had a biological or legally adopted child, the 73
justice court judge or other conservator of the peace shall check, 74
or cause to be made a check, of the status of the person for whom 75
recognizance or bond is taken before ordering bail in the 76
Mississippi Protection Order Registry authorized under Section 77
93-21-25, and the existence of a domestic abuse protection order 78
against the accused shall be considered when determining 79
appropriate bail. 80
(5) After the court considers the provisions of subsection 81
(2) of this section, a misdemeanant may be released on his or her 82
own recognizance unless: 83
(a) The misdemeanant: 84
(i) Is on probation or parole; 85
(ii) Has other unresolved charges pending; or 86
(iii) Has a history of nonappearance; or 87
(b) The court finds that: 88
(i) The release of the misdemeanant would 89
constitute a special danger to any other person or to the 90
community; or 91
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ST: Justice court judges; authorize to set bail
for capital offenses.
(ii) Release of the misdemeanant on his or her own 92
recognizance is highly unlikely to assure the appearance of the 93
misdemeanant as required. 94
SECTION 2. This act shall take effect and be in force from 95
and after July 1, 2026. 96