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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane
SENATE BILL NO. 2795
AN ACT TO AMEND SECTION 99-5-11, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE JUSTICE COURT JUDGES TO TAKE RECOGNIZANCE OR BOND OF A 2
PERSON CHARGED WITH CAPITAL OFFENSES; TO DELETE A REFERENCE TO THE 3
MUNICIPAL JUDGE; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 99-5-11, Mississippi Code of 1972, is 6
amended as follows: 7
99-5-11. (1) All justice court judges and all other 8
conservators of the peace are authorized, whenever a person is 9
brought before them charged with any offense * * * for which bail 10
is allowed by law, to take the recognizance or bond of the person, 11
with sufficient sureties, in such penalty as the justice court 12
judge or conservator of the peace may require, for his appearance 13
before the justice court judge or conservator of the peace for an 14
examination of his case at some future day. 15
(2) (a) Financial conditions of bail shall not be set for 16
the sole purpose of detaining the defendant. When bail is set, it 17
is presumed that the amount of bail is both necessary to 18
reasonably assure the safety of a victim, witness or general 19
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public and to guarantee the appearance of a defendant as required 20
by the court. The amount of bail is also presumed to be 21
attainable by the defendant. The presumption that bail is 22
attainable by the defendant may be rebutted by the defendant who 23
may file a motion to reduce or set aside the bail requirement with 24
the court due to lack of financial means, which shall also 25
consider the availability of a third-party support system to 26
obtain the defendant's release. The court shall rule on any such 27
motion within forty-eight (48) hours of the filing. 28
(b) In cases in which the defendant or his counsel 29
asserts that the defendant is indigent and cannot afford the 30
amount of bail, the justice court judge or conservator of the 31
peace shall make a determination of whether the defendant can be 32
released on recognizance, based on the standards enumerated in the 33
Mississippi Rules of Criminal Procedure and any other factors 34
considered relevant * * *. No misdemeanor defendant shall be 35
incarcerated solely because the defendant cannot afford to post 36
bail; nor shall a misdemeanor defendant be released solely because 37
the defendant cannot afford bail. It is the duty of the justice 38
court judge or conservator of the peace to ensure that release of 39
the defendant does not jeopardize the community. 40
(c) The accused may waive an appearance before the 41
judge and execute an appearance bond in an amount determined by 42
the court from the bond guidelines set out in the Mississippi 43
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Rules of Criminal Procedure and agree to appear at a specified 44
time and place. 45
(d) If the justice court judge or conservator of the 46
peace is unavailable and has not otherwise provided for the 47
setting of bail, it is lawful for any officer or officers 48
designated by order of the justice court judge or conservator of 49
the peace to take bond, cash, property or recognizance, with or 50
without sureties, in the amount of the minimum bail specified in 51
the bond guidelines set out in the Mississippi Rules of Criminal 52
Procedure, payable to the county and conditioned for the 53
appearance of the person on the return day and time of the writ 54
before the court to which the warrant is returnable, or in cases 55
of arrest without a warrant, on the day and time set by the court 56
or officer for arraignment, and there remain from day to day and 57
term to term until discharged. 58
(3) And if the person thus recognized or thus giving bond 59
fails to appear at the appointed time, it shall be the duty of the 60
justice court judge or conservator of the peace to return the 61
recognizance or bond, with his certificate of default, to the 62
court having jurisdiction of the case, and a recovery may be had 63
therein by scire facias, as in other cases of forfeiture. The 64
justice court judge or other conservator of the peace shall also 65
issue an alias warrant for the defaulter. 66
(4) In circumstances involving an offense against any of the 67
following: (a) a current or former spouse of the accused or child 68
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of that person; (b) a person living as a spouse or who formerly 69
lived as a spouse with the accused or a child of that person; (c) 70
a parent, grandparent, child, grandchild or someone similarly 71
situated to the accused; (d) a person who has a current or former 72
dating relationship with the accused; or (e) a person with whom 73
the accused has had a biological or legally adopted child, the 74
justice court judge or other conservator of the peace shall check, 75
or cause to be made a check, of the status of the person for whom 76
recognizance or bond is taken before ordering bail in the 77
Mississippi Protection Order Registry authorized under Section 78
93-21-25, and the existence of a domestic abuse protection order 79
against the accused shall be considered when determining 80
appropriate bail. 81
(5) After the court considers the provisions of subsection 82
(2) of this section, a misdemeanant may be released on his or her 83
own recognizance unless: 84
(a) The misdemeanant: 85
(i) Is on probation or parole; 86
(ii) Has other unresolved charges pending; or 87
(iii) Has a history of nonappearance; or 88
(b) The court finds that: 89
(i) The release of the misdemeanant would 90
constitute a special danger to any other person or to the 91
community; or 92
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ST: Bail; authorize justice court judges to
take recognizance or bond on capital offenses.
(ii) Release of the misdemeanant on his or her own 93
recognizance is highly unlikely to assure the appearance of the 94
misdemeanant as required. 95
SECTION 2. This act shall take effect and be in force from 96
and after July 1, 2026. 97