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H. C. R. No. 17 *HR43/R1307* ~ OFFICIAL ~ G2/3
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To: Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Yancey
HOUSE CONCURRENT RESOLUTION NO. 17
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
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(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 of a 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 * * * a criminal offense * * * shall have 34
authority, in his or her sound discretion and in appropriate 35
cases, to authorize the release of the person on an unsecured 36
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
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ST: Constitution; amend to provide secured bond
requiremtns 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