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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane
SENATE BILL NO. 2106
AN ACT TO AMEND SECTION 99-5-7, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT NO BAIL MAY BE GIVEN BY A SURETY COMPANY FOR A 2
DEFENDANT CHARGED WITH A CRIME OF VIOLENCE LISTED UNDER SECTION 3
97-3-2 UNLESS A SPECIFIC FINDING IS MADE BY THE COURT THAT 4
ALLOWING SUCH WILL REASONABLY ASSURE THE DEFENDANT'S APPEARANCE 5
AND WILL ELIMINATE OR MINIMIZE THE RISK OF HARM TO OTHERS OR TO 6
THE PUBLIC AT LARGE; TO AMEND SECTIONS 99-5-11 AND 99-15-3, 7
MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF JUSTICE COURT 8
JUDGES TO TAKE RECOGNIZANCE OR BOND OF A PERSON CHARGED WITH ANY 9
FELONY OFFENSE; TO AMEND SECTIONS 99-15-5 AND 99-33-13, 10
MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTION 11
99-15-1, MISSISSIPPI CODE OF 1972, FOR POSSIBLE AMENDMENT; AND FOR 12
RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 99-5-7, Mississippi Code of 1972, is 15
amended as follows: 16
99-5-7. (1) Bail may be given to the sheriff or officer 17
holding the defendant in custody, by a fidelity or surety 18
insurance company authorized to act as surety within the State of 19
Mississippi. Any such company may execute the undertaking as 20
surety by the hand of officer or attorney authorized thereto by a 21
resolution of its board of directors, a certified copy of which, 22
under its corporate seal, shall be on file with the clerk of the 23
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circuit court and the sheriff of the county, and such authority 24
shall be deemed in full force and effect until revoked in writing 25
by notice to said clerk and sheriff. 26
(2) No bail may be given to the sheriff or officer holding 27
the defendant in custody, by a fidelity or surety insurance 28
company authorized to act as surety within the State of 29
Mississippi for a defendant charged with a crime of violence 30
listed under Section 97-3-2 unless a specific finding is made by 31
the court that allowing such will reasonably assure the 32
defendant's appearance and will eliminate or minimize the risk of 33
harm to others or to the public at large. 34
SECTION 2. Section 99-5-11, Mississippi Code of 1972, is 35
amended as follows: 36
99-5-11. (1) (a) All * * * conservators of the peace, 37
except all justice court judges, are authorized, whenever a person 38
is brought before them charged with any offense not capital for 39
which bail is allowed by law, to take the recognizance or bond of 40
the person, with sufficient sureties, in such penalty as the * * * 41
conservator of the peace may require, for his appearance before 42
the * * * conservator of the peace for an examination of his case 43
at some future day. 44
(b) All justice court judges are authorized, whenever a 45
person is brought before them charged with any offense not capital 46
nor felony, except a felony described under Section 99-33-13, for 47
which bail is allowed by law, to take the recognizance or bond of 48
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the person, with sufficient sureties, in such penalty as the 49
justice court judge may require, for his appearance before the 50
justice court judge for an examination of his case at some future 51
day. 52
(2) (a) Financial conditions of bail shall not be set for 53
the sole purpose of detaining the defendant. When bail is set, it 54
is presumed that the amount of bail is both necessary to 55
reasonably assure the safety of a victim, witness or general 56
public and to guarantee the appearance of a defendant as required 57
by the court. The amount of bail is also presumed to be 58
attainable by the defendant. The presumption that bail is 59
attainable by the defendant may be rebutted by the defendant who 60
may file a motion to reduce or set aside the bail requirement with 61
the court due to lack of financial means, which shall also 62
consider the availability of a third-party support system to 63
obtain the defendant's release. The court shall rule on any such 64
motion within forty-eight (48) hours of the filing. 65
(b) In cases in which the defendant or his counsel 66
asserts that the defendant is indigent and cannot afford the 67
amount of bail, the justice court judge or conservator of the 68
peace shall make a determination of whether the defendant can be 69
released on recognizance, based on the standards enumerated in the 70
Mississippi Rules of Criminal Procedure and any other factors 71
considered relevant by the municipal judge. No misdemeanor 72
defendant shall be incarcerated solely because the defendant 73
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cannot afford to post bail; nor shall a misdemeanor defendant be 74
released solely because the defendant cannot afford bail. It is 75
the duty of the justice court judge or conservator of the peace to 76
ensure that release of the defendant does not jeopardize the 77
community. 78
(c) The accused may waive an appearance before the 79
judge and execute an appearance bond in an amount determined by 80
the court from the bond guidelines set out in the Mississippi 81
Rules of Criminal Procedure and agree to appear at a specified 82
time and place. 83
(d) If the justice court judge or conservator of the 84
peace is unavailable and has not otherwise provided for the 85
setting of bail, it is lawful for any officer or officers 86
designated by order of the justice court judge or conservator of 87
the peace to take bond, cash, property or recognizance, with or 88
without sureties, in the amount of the minimum bail specified in 89
the bond guidelines set out in the Mississippi Rules of Criminal 90
Procedure, payable to the county and conditioned for the 91
appearance of the person on the return day and time of the writ 92
before the court to which the warrant is returnable, or in cases 93
of arrest without a warrant, on the day and time set by the court 94
or officer for arraignment, and there remain from day to day and 95
term to term until discharged. 96
(3) And if the person thus recognized or thus giving bond 97
fails to appear at the appointed time, it shall be the duty of the 98
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justice court judge or conservator of the peace to return the 99
recognizance or bond, with his certificate of default, to the 100
court having jurisdiction of the case, and a recovery may be had 101
therein by scire facias, as in other cases of forfeiture. The 102
justice court judge or other conservator of the peace shall also 103
issue an alias warrant for the defaulter. 104
(4) In circumstances involving an offense against any of the 105
following: (a) a current or former spouse of the accused or child 106
of that person; (b) a person living as a spouse or who formerly 107
lived as a spouse with the accused or a child of that person; (c) 108
a parent, grandparent, child, grandchild or someone similarly 109
situated to the accused; (d) a person who has a current or former 110
dating relationship with the accused; or (e) a person with whom 111
the accused has had a biological or legally adopted child, the 112
justice court judge or other conservator of the peace shall check, 113
or cause to be made a check, of the status of the person for whom 114
recognizance or bond is taken before ordering bail in the 115
Mississippi Protection Order Registry authorized under Section 116
93-21-25, and the existence of a domestic abuse protection order 117
against the accused shall be considered when determining 118
appropriate bail. 119
(5) After the court considers the provisions of subsection 120
(2) of this section, a misdemeanant may be released on his or her 121
own recognizance unless: 122
(a) The misdemeanant: 123
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(i) Is on probation or parole; 124
(ii) Has other unresolved charges pending; or 125
(iii) Has a history of nonappearance; or 126
(b) The court finds that: 127
(i) The release of the misdemeanant would 128
constitute a special danger to any other person or to the 129
community; or 130
(ii) Release of the misdemeanant on his or her own 131
recognizance is highly unlikely to assure the appearance of the 132
misdemeanant as required. 133
SECTION 3. Section 99-15-3, Mississippi Code of 1972, is 134
amended as follows: 135
99-15-3. (1) Any conservator of the peace, except a justice 136
court judge, has power to take all manner of bonds and 137
recognizances from persons charged on affidavit with crimes and 138
offenses, for their appearance in the circuit court to answer 139
thereto, as well as for crimes and offenses committed in their 140
presence. 141
(2) Any justice court judge has power to take all manner of 142
bonds and recognizances from persons charged on affidavit with 143
crimes and offenses, for their appearance in the circuit court to 144
answer thereto, as well as for crimes and offenses committed in 145
their presence as long as such crimes and offenses are not felony 146
crimes, except for felony crimes described under Section 99-33-13. 147
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(3) If any person fail to give bond or enter into 148
recognizance, with the sureties prescribed, when required to do so 149
by a conservator of the peace, he shall be committed to the county 150
jail, there to remain until he comply or be otherwise discharged 151
by due course of law. Every bond or recognizance so taken shall be 152
returned to the circuit court before its next term. If any person 153
so bound fail to appear in the circuit court, his bond or 154
recognizance shall be adjudged forfeited, and otherwise proceeded 155
with as provided by law. 156
SECTION 4. Section 99-15-5, Mississippi Code of 1972, is 157
amended as follows: 158
99-15-5. Any conservator of the peace may, upon a finding of 159
probable cause, by warrant issued under his hand, cause any person 160
charged on affidavit with having committed, or with being 161
suspected of, any offense against the law, to be arrested and 162
brought before him, or before some other conservator of the peace 163
in the proper county. On examination and subject to the provisions 164
of Section 99-15-3(1) and (2), the conservator of the peace shall 165
commit the offender to jail if the offense be not bailable, and if 166
it be bailable and the offender fail to find bail. 167
SECTION 5. Section 99-33-13, Mississippi Code of 1972, is 168
amended as follows: 169
99-33-13. If on the trial of any criminal case the justice 170
court judge discovers that it is a felony, and not a misdemeanor, 171
of which the accused has been guilty, he shall not punish the 172
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ST: Bail; require specific finding before
granting bail for a crime of violence, remove
justice court authority to take felony bond.
offender nor render any judgment finally disposing of the case, 173
but shall require him to give bail for his appearance in the 174
circuit court, unless the felony be not bailable, in which case 175
the justice court judge shall commit him without bail. A circuit 176
court grand jury may remand a case to justice court to be tried as 177
a misdemeanor after finding that the felony charge presented 178
should be remanded with its bond to justice or municipal court to 179
be tried as a misdemeanor. 180
SECTION 6. Section 99-15-1, Mississippi Code of 1972, is 181
brought forward as follows: 182
99-15-1. The judges of the Supreme, circuit and chancery 183
courts and of the court of appeals are conservators of the peace 184
throughout the state, and each judge of the county court and every 185
justice court judge is such within his county. 186
SECTION 7. This act shall take effect and be in force from 187
and after July 1, 2026. 188