HC16 • 2026

Constitution; amend to provide secured bond requirements for bail restricted offenses.

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 TO PROVIDE SECURED BOND REQUIREMENTS FOR BAIL RESTRICTED OFFENSES; AND FOR RELATED PURPOSES.

Crime

Did Not Pass

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

Sponsor: Wallace
Last action: 2026-02-12
Official status: Dead
Effective date: No Effecti

Plain English Breakdown

The bill did not pass and there is no effective date.

Amending Mississippi Constitution to Require Secured Bonds for Certain Crimes

The bill proposes an amendment to the Mississippi Constitution that would require people charged with certain serious crimes to post a secured bond before being released from jail.

What This Bill Does

Defines 'bail restricted offense' as any crime where the punishment may include imprisonment in excess of one year.
States that people accused of bail restricted offenses cannot be released without posting a monetary bond, property bond, or surety bond.
Gives judges discretion to release other defendants on their own recognizance or with an unsecured appearance bond if not charged with a bail restricted offense.
Allows the Mississippi Legislature to make laws consistent with this amendment.

Who It Names or Affects

People charged with serious crimes in Mississippi who may need to post a secured bond before being released from jail.
Judges and courts in Mississippi that will have new rules for releasing defendants on bail.

Terms To Know

Bail restricted offense: A crime where the punishment may include imprisonment in excess of one year.
Unsecured judicial release: Being released from jail without having to post a monetary bond or other security, including release on own recognizance or unsecured appearance bond.

Limits and Unknowns

The bill did not pass and was not signed into law.
It is unclear which specific crimes would be considered bail restricted offenses under this amendment.

Bill History

2026-02-12 Mississippi Legislative Bill Status System
02/12 (H) Died On Calendar
2026-01-21 Mississippi Legislative Bill Status System
01/21 (H) Title Suff Do Be Adopted
2026-01-12 Mississippi Legislative Bill Status System
01/12 (H) Referred To Constitution

Official Summary Text

Constitution; amend to provide secured bond requirements for bail restricted offenses.

Current Bill Text

Read the full stored bill text

H. C. R. No. 16 *HR43/R1118* ~ OFFICIAL ~ G2/3
26/HR43/R1118
PAGE 1 (MCL\KP)

To: Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Wallace

HOUSE CONCURRENT RESOLUTION NO. 16

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE 1
MISSISSIPPI CONSTITUTION OF 1890 TO PROVIDE SECURED BOND 2
REQUIREMENTS FOR BAIL RESTRICTED OFFENSES; AND FOR RELATED 3
PURPOSES. 4
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF 5
MISSISSIPPI, That the following amendment to the Mississippi 6
Constitution of 1890 is proposed to the qualified electors of the 7
state: 8
Amend the Mississippi Constitution of 1890 by creating a new 9
section to read as follows: 10
"Section____. (1) As used in this section, the following 11
words and phrases shall have the meanings as defined in this 12
section unless the context clearly indicates otherwise: 13
(a) "Bail restricted offense" means any offense for 14
which the punishment may include imprisonment in excess of one (1) 15
year. 16
(b) "Unsecured judicial release" means any release that 17
does not require the posting of a monetary bond, property, or 18
other security, including, but not limited to: 19
H. C. R. No. 16 *HR43/R1118* ~ OFFICIAL ~
26/HR43/R1118
PAGE 2 (MCL\KP)

(i) Release on a person's own recognizance; 20
(ii) Release on an unsecured appearance bond; or 21
(iii) Release conditioned upon entering a pretrial 22
release program, pretrial diversion program, or similar 23
intervention program, where no monetary bond, property, or other 24
security is required. 25
(2) No person charged with a bail restricted offense shall 26
be eligible for release by any judge on an unsecured judicial 27
release. Such persons charged with a bail restricted offense 28
shall only be eligible for release through the use a of secured 29
monetary bond, property bond, or surety bond. 30
(3) In addition to other laws regarding the release of an 31
accused person, and except as provided in subsection (2) of this 32
section, the judge of any court having jurisdiction over a person 33
charged with committing an offense against the criminal laws 34
of this state shall have authority, in his or her sound discretion 35
and in appropriate cases, to authorize the release of the person 36
on an unsecured judicial release. 37
(4) The Mississippi Legislature shall have power to enact 38
legislation consistent with this amendment. This amendment shall 39
take effect on January 1 of the year following ratification. 40
BE IT FURTHER RESOLVED, That this proposed amendment shall be 41
submitted by the Secretary of State to the qualified electors at 42
an election to be held on the first Tuesday after the first Monday 43
H. C. R. No. 16 *HR43/R1118* ~ OFFICIAL ~
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PAGE 3 (MCL\KP)
ST: Constitution; amend to provide secured bond
requirements for bail restricted offenses.
of November 2026, as provided by Section 273 of the Constitution 44
and by general law. 45
BE IT FURTHER RESOLVED, That the explanation of this proposed 46
amendment for the ballot shall read as follows: "This proposed 47
constitutional amendment provides secured bond requirements for 48
bail restricted offenses." 49