Read the full stored bill text
S. C. R. No. 510 *SS08/R721* ~ OFFICIAL ~ G2/3
26/SS08/R721
PAGE 1 (aa\kr)
To: Judiciary, Division B;
Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane, McMahan
SENATE CONCURRENT RESOLUTION NO. 510
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE 1
MISSISSIPPI CONSTITUTION OF 1890 TO PROHIBIT PERSONS CHARGED WITH 2
BAIL RESTRICTED OFFENSES FROM BEING CONSIDERED ELIGIBLE BY ANY 3
JUDGE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; TO STIPULATE 4
THAT SUCH PERSONS CHARGED WITH BAIL RESTRICTED OFFENSES SHALL ONLY 5
BE RELEASED THROUGH THE USE OF CERTAIN BONDS; TO STIPULATE THAT 6
JUDGES OTHERWISE HAVE THE AUTHORITY, IN THEIR DISCRETION, TO 7
RELEASE A PERSON ON AN UNSECURED JUDICIAL RELEASE; TO ALLOW THE 8
LEGISLATURE TO ENACT LEGISLATION CONSISTENT WITH THIS AMENDMENT; 9
AND FOR RELATED PURPOSES. 10
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF 11
MISSISSIPPI, That the following amendment to the Mississippi 12
Constitution of 1890 is proposed to the qualified electors of the 13
state: 14
Amend the Mississippi Constitution of 1890 by creating a new 15
section to read as follows: 16
Section 29A. (1) No person charged with a bail restricted 17
offense shall be eligible for release by any judge on an unsecured 18
judicial release. Such persons charged with a bail restricted 19
offense shall only be eligible for release through the use of 20
secured monetary bond, property bond or surety bond. 21
S. C. R. No. 510 *SS08/R721* ~ OFFICIAL ~
26/SS08/R721
PAGE 2 (aa\kr)
(2) In addition to other laws regarding the release of an 22
accused person, and except as provided in subsection (2) of this 23
section, the judge of any court having jurisdiction over a person 24
charged with committing an offense against the criminal laws of 25
this state shall have authority, in his sound discretion and in 26
appropriate cases, to authorize the release of the person on an 27
unsecured judicial release. 28
(3) The Mississippi legislature shall have power to enact 29
legislation consistent with this amendment. 30
(4) For the purposes of this section, the term: 31
(a) "Bail restricted offense" means any offense for 32
which the punishment may include imprisonment in excess of one (1) 33
year. 34
(b) "Unsecured judicial release" means any release that 35
does not require the posting of a monetary bond, property or other 36
security and that is: 37
(i) On a person's own recognizance; or 38
(ii) For the purpose of entering a pretrial 39
release program, pretrial diversion program or similar 40
intervention program. 41
BE IT FURTHER RESOLVED, That this proposed amendment shall be 42
submitted by the Secretary of State to the qualified electors at 43
an election to be held on the first Tuesday after the first Monday 44
of November 2026, as provided by Section 273 of the Constitution 45
S. C. R. No. 510 *SS08/R721* ~ OFFICIAL ~
26/SS08/R721
PAGE 3 (aa\kr)
ST: Constitution; amend to prohibit unsecured
judicial release for persons charged with
certain offenses.
and by general law. If ratified, this amendment shall take effect 46
on January 1 of the year following ratification. 47
BE IT FURTHER RESOLVED, That the explanation of this proposed 48
amendment for the ballot shall read as follows: "This proposed 49
constitutional amendment prohibits judges from granting unsecured 50
judicial release to a person charged with a bail restricted 51
offense. A person charged with a bail restricted offense will 52
only be eligible for release by use of secured monetary bond, 53
property bond, or surety bond. However, judges are granted the 54
authority to authorize the use of unsecured judicial release for a 55
person charged with a non-bail restricted offense. This amendment 56
also gives the Legislature authority to enact legislation 57
consistent with this amendment." 58