KLS Keeping Law Simple Legislation in plain English

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SB2319 • 2026

Unsecured judicial release; prohibit for persons charged with bail-restricted offenses.

AN ACT TO DEFINE TERMS; TO PROHIBIT JUDGES FROM CONSIDERING PERSONS CHARGED WITH BAIL-RESTRICTED OFFENSES ELIGIBLE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; TO STIPULATE THAT SUCH PERSONS SHALL ONLY BE ELIGIBLE FOR RELEASE THROUGH THE USE OF SECURED MONETARY BOND, PROPERTY BOND, OR PROFESSIONAL SURETY BOND; TO GRANT JUDICIAL AUTHORITY TO RELEASE OTHER PERSONS CHARGED WITH NONBAIL-RESTRICTED OFFENSES ON AN UNSECURED JUDICIAL RELEASE AT THE JUDGE'S DISCRETION; TO LIMIT THE NUMBER OF CASH BONDS POSTED PER YEAR; TO REQUIRE PERSONS AND ENTITIES PURPORTING TO BE A CHARITABLE BAIL FUND TO SUBMIT THE SAME REQUIREMENTS AS ANY PROFESSIONAL SURETY COMPANY; TO GRANT THE ATTORNEY GENERAL AND DISTRICT ATTORNEYS CONCURRENT AUTHORITY TO PROSECUTE VIOLATIONS ON MISDEMEANOR CHARGES; TO PROHIBIT REPEAT OFFENDERS FROM BECOMING ELIGIBLE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

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

Sponsor
Fillingane, McMahan
Last action
2026-02-03
Official status
Dead
Effective date
** See Tex

Plain English Breakdown

The bill did not pass, so its full effects are unknown.

Unsecured Judicial Release for Certain Offenses

This bill stops judges from releasing people charged with serious crimes without requiring them to pay money or give up property as security.

What This Bill Does

  • Defines 'bail-restricted offense' as any crime that could lead to more than one year in prison.
  • Stops judges from releasing people on their own promise (unsecured judicial release) if they are charged with a serious crime.
  • Requires people accused of serious crimes to post money or property bonds instead of being released without conditions.

Who It Names or Affects

  • People charged with serious crimes
  • Judges who decide on release conditions

Terms To Know

Bail-restricted offense
A crime for which the punishment could be more than one year in prison.
Unsecured judicial release
Releasing someone without requiring them to pay money or give up property as security.

Limits and Unknowns

  • The bill did not pass and is no longer being considered.
  • It does not specify the exact number of cash bonds that can be posted per year.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division B

Official Summary Text

Unsecured judicial release; prohibit for persons charged with bail-restricted offenses.

Current Bill Text

Read the full stored bill text 
S. B. No. 2319 *SS08/R720* ~ OFFICIAL ~ G1/2
26/SS08/R720
PAGE 1 (aa\tb)

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane, McMahan

SENATE BILL NO. 2319

AN ACT TO DEFINE TERMS; TO PROHIBIT JUDGES FROM CONSIDERING 1
PERSONS CHARGED WITH BAIL-RESTRICTED OFFENSES ELIGIBLE FOR RELEASE 2
ON AN UNSECURED JUDICIAL RELEASE; TO STIPULATE THAT SUCH PERSONS 3
SHALL ONLY BE ELIGIBLE FOR RELEASE THROUGH THE USE OF SECURED 4
MONETARY BOND, PROPERTY BOND, OR PROFESSIONAL SURETY BOND; TO 5
GRANT JUDICIAL AUTHORITY TO RELEASE OTHER PERSONS CHARGED WITH 6
NONBAIL-RESTRICTED OFFENSES ON AN UNSECURED JUDICIAL RELEASE AT 7
THE JUDGE'S DISCRETION; TO LIMIT THE NUMBER OF CASH BONDS POSTED 8
PER YEAR; TO REQUIRE PERSONS AND ENTITIES PURPORTING TO BE A 9
CHARITABLE BAIL FUND TO SUBMIT THE SAME REQUIREMENTS AS ANY 10
PROFESSIONAL SURETY COMPANY; TO GRANT THE ATTORNEY GENERAL AND 11
DISTRICT ATTORNEYS CONCURRENT AUTHORITY TO PROSECUTE VIOLATIONS ON 12
MISDEMEANOR CHARGES; TO PROHIBIT REPEAT OFFENDERS FROM BECOMING 13
ELIGIBLE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; AND FOR 14
RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) As used in this section, the following words 17
shall have the meanings ascribed herein unless context clearly 18
requires otherwise: 19
(a) "Bail-restricted offense" means any offense for 20
which the punishment may include imprisonment in excess of one (1) 21
year. 22
S. B. No. 2319 *SS08/R720* ~ OFFICIAL ~
26/SS08/R720
PAGE 2 (aa\tb)

(b) "Unsecured judicial release" means any release that 23
does not require the posting of a monetary bond, property or other 24
security and that is: 25
(i) On a person's own recognizance; or 26
(ii) For the purpose of entering a pretrial 27
release program, pretrial diversion program, or similar 28
intervention program. 29
(2) No person charged with a bail-restricted offense shall 30
be eligible for release by any judge on an unsecured judicial 31
release. Such persons charged with a bail-restricted offense 32
shall only be eligible for release through the use of secured 33
monetary bond, property bond or professional surety bond. 34
(3) Except as provided in subsection (2) of this section, 35
and in addition to other laws regarding the release of an accused 36
person, the judge of any court having jurisdiction over a person 37
charged with committing an offense against the criminal laws of 38
this state shall have authority, in his or her sound discretion 39
and in appropriate cases, to authorize the release of the person 40
on an unsecured judicial release unless such person is charged 41
with a bail-restricted offense. 42
SECTION 2. (1) No more than three (3) cash bonds may be 43
posted per year by any individual, corporation, organization, 44
charity, nonprofit corporation or group in any jurisdiction within 45
the State of Mississippi. 46
S. B. No. 2319 *SS08/R720* ~ OFFICIAL ~
26/SS08/R720
PAGE 3 (aa\tb)
ST: Unsecured judicial release; prohibit for
persons charged with bail-restricted offenses.
(2) Every individual, corporation, organization, charity, 47
nonprofit corporation or group that purports to be a charitable 48
bail fund with the purpose of soliciting donations to use for 49
securing the release of accused persons shall be required to 50
submit to the same requirements as any professional surety 51
company, including registration, licensing and regulatory 52
oversight as established by law. 53
(3) The Attorney General and district attorneys shall have 54
concurrent authority to prosecute any violation of this section. 55
(4) Any person or entity who violates any part of this 56
section shall be guilty of a misdemeanor. 57
SECTION 3. Notwithstanding any other laws regarding the 58
release of an accused person, no person sentenced as a repeat 59
offender pursuant to Sections 99-19-81, 99-19-83, or any other 60
provision of law regarding repeat offender enhancement shall be 61
eligible for release by any judge on an unsecured judicial 62
release. If such person is released, such release shall only be 63
through the use of secured monetary bond, property bond, or 64
professional surety bond. 65
SECTION 4. This act shall take effect and be in force from 66
and after July 1 in the year following the year in which the 67
Secretary of State certifies the passage of the constitutional 68
amendment proposed in "Senate Concurrent Resolution No.__," 2026 69
Regular Session. 70