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H. B. No. 54 *HR26/R1312* ~ OFFICIAL ~ G1/2
26/HR26/R1312
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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Arnold
HOUSE BILL NO. 54
AN ACT TO AMEND SECTION 99-37-3, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT IF A JUSTICE, COUNTY OR MUNICIPAL COURT ORDERS 2
RESTITUTION TO A VICTIM, THE COURT-ORDERED RESTITUTION SHALL BE 3
PAID IN FULL TO THE VICTIM BEFORE ANY COURT-ORDERED COSTS AND 4
FINES MAY BE DISBURSED TO THE COURT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 99-37-3, Mississippi Code of 1972, is 7
amended as follows: 8
99-37-3. (1) When a person is convicted of criminal 9
activities which have resulted in pecuniary damages, in addition 10
to any other sentence it may impose, the court may order that the 11
defendant make restitution to the victim; provided, however, that 12
the justice court shall not order restitution in an amount 13
exceeding Five Thousand Dollars ($5,000.00). 14
(2) In determining whether to order restitution which may be 15
complete, partial or nominal, the court shall take into account: 16
(a) The financial resources of the defendant and the 17
burden that payment of restitution will impose, with due regard to 18
the other obligations of the defendant; 19
H. B. No. 54 *HR26/R1312* ~ OFFICIAL ~
26/HR26/R1312
PAGE 2 (GT\KW)
ST: Court-ordered restitution; require payment
to victim first before court costs/fines are
disbursed.
(b) The ability of the defendant to pay restitution on 20
an installment basis or on other conditions to be fixed by the 21
court; and 22
(c) The rehabilitative effect on the defendant of the 23
payment of restitution and the method of payment. 24
(3) If the defendant objects to the imposition, amount or 25
distribution of the restitution, the court shall, at the time of 26
sentencing, allow him to be heard on such issue. 27
(4) If the court determines that restitution is 28
inappropriate or undesirable, an order reciting such finding shall 29
be entered, which should also state the underlying circumstances 30
for such determination. 31
(5) If a justice, county or municipal court orders 32
restitution to a victim, the court-ordered restitution shall be 33
paid in full to the victim before any court-ordered costs and 34
fines may be disbursed to the court. 35
SECTION 2. This act shall take effect and be in force from 36
and after July 1, 2026. 37