Municipal courts; revise amount allowed to charge convicted misdemeanor offenders for jail costs.

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To: Municipalities;
Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Rushing, Foster

HOUSE BILL NO. 733

AN ACT TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO 1
INCREASE FROM $35.00 TO $50.00 THE MAXIMUM AMOUNT MUNICIPAL COURTS 2
ARE ALLOWED TO IMPOSE UPON CONVICTED MISDEMEANOR OFFENDERS FOR 3
JAIL COSTS; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 21-23-7, Mississippi Code of 1972, is 6
amended as follows: 7
21-23-7. (1) The municipal judge shall hold court in a 8
public building designated by the governing authorities of the 9
municipality, or may hold court in an adult detention center as 10
provided under this subsection, and may hold court every day 11
except Sundays and legal holidays if the business of the 12
municipality so requires; provided, however, the municipal judge 13
may hold court outside the boundaries of the municipality but not 14
more than within a sixty-mile radius of the municipality to handle 15
preliminary matters and criminal matters such as initial 16
appearances and felony preliminary hearings. The municipal judge 17
may hold court outside the boundaries of the municipality but not 18
more than within a one-mile radius of the municipality for any 19
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purpose; however, a municipal judge may hold court outside the 20
boundaries of the municipality more than within a one-mile radius 21
of the municipality when accepting a plea of a defendant at an 22
adult detention center within the county. The municipal judge 23
shall have the jurisdiction to hear and determine, without a jury 24
and without a record of the testimony, all cases charging 25
violations of the municipal ordinances and state misdemeanor laws 26
made offenses against the municipality and to punish offenders 27
therefor as may be prescribed by law. Except as otherwise 28
provided by law, criminal proceedings shall be brought by sworn 29
complaint filed in the municipal court. Such complaint shall 30
state the essential elements of the offense charged and the 31
statute or ordinance relied upon. Such complaint shall not be 32
required to conclude with a general averment that the offense is 33
against the peace and dignity of the state or in violation of the 34
ordinances of the municipality. He may sit as a committing court 35
in all felonies committed within the municipality, and he shall 36
have the power to bind over the accused to the grand jury or to 37
appear before the proper court having jurisdiction to try the 38
same, and to set the amount of bail or refuse bail and commit the 39
accused to jail in cases not bailable. The municipal judge is a 40
conservator of the peace within his municipality. He may conduct 41
preliminary hearings in all violations of the criminal laws of 42
this state occurring within the municipality, and any person 43
arrested for a violation of law within the municipality may be 44
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brought before him for initial appearance. The municipal court 45
shall have jurisdiction of any case remanded to it by a circuit 46
court grand jury. The municipal court shall have civil 47
jurisdiction over actions filed pursuant to and as provided in 48
Chapter 21, Title 93, * * * Mississippi Code of 1972, the 49
Protection from Domestic Abuse Act. 50
(2) In the discretion of the court, where the objects of 51
justice would be more likely met, as an alternative to imposition 52
or payment of fine and/or incarceration, the municipal judge shall 53
have the power to sentence convicted offenders to work on a public 54
service project where the court has established such a program of 55
public service by written guidelines filed with the clerk for 56
public record. Such programs shall provide for reasonable 57
supervision of the offender and the work shall be commensurate 58
with the fine and/or incarceration that would have ordinarily been 59
imposed. Such program of public service may be utilized in the 60
implementation of the provisions of Section 99-19-20, and public 61
service work thereunder may be supervised by persons other than 62
the sheriff. 63
(3) The municipal judge may solemnize marriages, take oaths, 64
affidavits and acknowledgments, and issue orders, subpoenas, 65
summonses, citations, warrants for search and arrest upon a 66
finding of probable cause, and other such process under seal of 67
the court to any county or municipality, in a criminal case, to be 68
executed by the lawful authority of the county or the municipality 69
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of the respondent, and enforce obedience thereto. The absence of 70
a seal shall not invalidate the process. 71
(4) When a person shall be charged with an offense in 72
municipal court punishable by confinement, the municipal judge, 73
being satisfied that such person is an indigent person and is 74
unable to employ counsel, may, in the discretion of the court, 75
appoint counsel from the membership of The Mississippi Bar 76
residing in his county who shall represent him. Compensation for 77
appointed counsel in criminal cases shall be approved and allowed 78
by the municipal judge and shall be paid by the municipality. The 79
maximum compensation shall not exceed Two Hundred Dollars 80
($200.00) for any one (1) case. The governing authorities of a 81
municipality may, in their discretion, appoint a public 82
defender(s) who must be a licensed attorney and who shall receive 83
a salary to be fixed by the governing authorities. 84
(5) The municipal judge of any municipality is hereby 85
authorized to suspend the sentence and to suspend the execution of 86
the sentence, or any part thereof, on such terms as may be imposed 87
by the municipal judge. However, the suspension of imposition or 88
execution of a sentence hereunder may not be revoked after a 89
period of two (2) years. The municipal judge shall have the power 90
to establish and operate a probation program, dispute resolution 91
program and other practices or procedures appropriate to the 92
judiciary and designed to aid in the administration of justice. 93
Any such program shall be established by the court with written 94
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policies and procedures filed with the clerk of the court for 95
public record. Subsequent to original sentencing, the municipal 96
judge, in misdemeanor cases, is hereby authorized to suspend 97
sentence and to suspend the execution of a sentence, or any part 98
thereof, on such terms as may be imposed by the municipal judge, 99
if (a) the judge or his or her predecessor was authorized to order 100
such suspension when the sentence was originally imposed; and (b) 101
such conviction (i) has not been appealed; or (ii) has been 102
appealed and the appeal has been voluntarily dismissed. 103
(6) Upon prior notice to the municipal prosecuting attorney 104
and upon a showing in open court of rehabilitation, good conduct 105
for a period of two (2) years since the last conviction in any 106
court and that the best interest of society would be served, the 107
court may, in its discretion, order the record of conviction of a 108
person of any or all misdemeanors in that court expunged, and upon 109
so doing the said person thereafter legally stands as though he 110
had never been convicted of the said misdemeanor(s) and may 111
lawfully so respond to any query of prior convictions. This order 112
of expunction does not apply to the confidential records of law 113
enforcement agencies and has no effect on the driving record of a 114
person maintained under Title 63, Mississippi Code of 1972, or any 115
other provision of said Title 63. 116
(7) Notwithstanding the provisions of subsection (6) of this 117
section, a person who was convicted in municipal court of a 118
misdemeanor before reaching his twenty-third birthday, excluding 119
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conviction for a traffic violation, and who is a first offender, 120
may utilize the provisions of Section 99-19-71, to expunge such 121
misdemeanor conviction. 122
(8) In the discretion of the court, a plea of nolo 123
contendere may be entered to any charge in municipal court. Upon 124
the entry of a plea of nolo contendere the court shall convict the 125
defendant of the offense charged and shall proceed to sentence the 126
defendant according to law. The judgment of the court shall 127
reflect that the conviction was on a plea of nolo contendere. An 128
appeal may be made from a conviction on a plea of nolo contendere 129
as in other cases. 130
(9) Upon execution of a sworn complaint charging a 131
misdemeanor, the municipal court may, in its discretion and in 132
lieu of an arrest warrant, issue a citation requiring the 133
appearance of the defendant to answer the charge made against him. 134
On default of appearance, an arrest warrant may be issued for the 135
defendant. The clerk of the court or deputy clerk may issue such 136
citations. 137
(10) The municipal court shall have the power to make rules 138
for the administration of the court's business, which rules, if 139
any, shall be in writing filed with the clerk of the court and 140
shall include the enactment of rules related to the court's 141
authority to issue domestic abuse protection orders pursuant to 142
Section 93-21-1 et seq. 143
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(11) The municipal court shall have the power to impose 144
punishment of a fine of not more than One Thousand Dollars 145
($1,000.00) or six (6) months imprisonment, or both, for contempt 146
of court. The municipal court may have the power to impose 147
reasonable costs of court, not in excess of the following: 148
Dismissal of any affidavit, complaint or charge 149
in municipal court........................................ $ 50.00 150
Suspension of a minor's driver's license in lieu of 151
conviction................................................ $ 50.00 152
Service of scire facias or return "not found"........$ 20.00 153
Causing search warrant to issue or causing 154
prosecution without reasonable cause or refusing to 155
cooperate after initiating action......................... $ 100.00 156
Certified copy of the court record...................$ 5.00 157
Service of arrest warrant for failure to answer 158
citation or traffic summons............................... $ 25.00 159
Jail cost per day - actual jail cost paid by the municipality 160
but not to exceed..............................$ * * * 50.00 161
Service of court documents related to the filing 162
of a petition or issuance of a protection from domestic 163
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 164
1972 ..................................................... $ 25.00 165
Any other item of court cost.........................$ 50.00 166
No filing fee or such cost shall be imposed for the bringing 167
of an action in municipal court. 168
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(12) A municipal court judge shall not dismiss a criminal 169
case but may transfer the case to the justice court of the county 170
if the municipal court judge is prohibited from presiding over the 171
case by the Canons of Judicial Conduct and provided that venue and 172
jurisdiction are proper in the justice court. Upon transfer of 173
any such case, the municipal court judge shall give the municipal 174
court clerk a written order to transmit the affidavit or complaint 175
and all other records and evidence in the court's possession to 176
the justice court by certified mail or to instruct the arresting 177
officer to deliver such documents and records to the justice 178
court. There shall be no court costs charged for the transfer of 179
the case to the justice court. 180
(13) A municipal court judge shall expunge the record of any 181
case in which an arrest was made, the person arrested was released 182
and the case was dismissed or the charges were dropped, there was 183
no disposition of such case or the person was found not guilty at 184
trial. 185
(14) For violations of municipal ordinances related to real 186
property, the municipal judge shall have the power to order a 187
defendant to remedy violations within a reasonable time period as 188
set by the judge, and at the discretion of the judge, the judge 189
may simultaneously authorize the municipality, at its request, the 190
option to remedy the violation itself, through the use of its own 191
employees or its contractors, without further notice should the 192
defendant fail to fully do so within the time period set by the 193
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ST: Municipal courts; revise amount allowed to
charge convicted misdemeanor offenders for jail
costs.
judge. Subsequent to the municipality remedying the violation, 194
the municipality may petition the court to assess documented 195
cleanup costs to the defendant, and, if, following a hearing on 196
such petition, the judge determines (a) the violations were not 197
remedied by the defendant within the time required by the court, 198
(b) that the municipality remedied the violation itself after such 199
time period expired and (c) that the costs incurred by the 200
municipality were reasonable, the court may assess the costs to 201
the defendant as a judgement, which may be enrolled in the office 202
of the circuit clerk. 203
SECTION 2. This act shall take effect and be in force from 204
and after July 1, 2026. 205