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MS SB2565

Bill

Status

Failed

2/1/2022

Primary Sponsor

Daniel Sparks

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Prohibits courts from setting bail solely for the purpose of detaining defendants and presumes bail amounts are both necessary for public safety and attainable by the defendant.

  • Allows defendants to rebut the presumption of attainability by filing a motion to reduce or set aside bail within 48 hours due to lack of financial means, including consideration of third-party support systems.

  • Requires courts to determine if indigent misdemeanor defendants can be released on recognizance based on Mississippi Rules of Criminal Procedure standards, preventing incarceration solely due to inability to afford bail.

  • Allows defendants to waive in-person court appearances and execute appearance bonds in amounts determined by bond guidelines in the Mississippi Rules of Criminal Procedure.

  • Requires courts to check the Mississippi Protection Order Registry when setting bail for offenses involving current or former spouses, dating partners, family members, or co-parents, and to consider any existing domestic abuse protection orders.

  • Effective July 1, 2022.

Legislative Description

Bail for indigent defendants; provide procedure.

Last Action

Died In Committee

2/1/2022

Committee Referrals

Judiciary, Division B1/17/2022

Full Bill Text

No bill text available