H. B. No. 674
*HR03/R1088*
G3/509/HR03/R1088PAGE 1
(CJR\LH)
To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2009 By: Representative Baker (74th) HOUSE BILL NO. 674 AN ACT TO AMEND SECTIONS 99-19-25 AND 21-23-7, MISSISSIPPI1CODE OF 1972, TO ALLOW JUSTICE COURT JUDGES AND MUNICIPAL COURT2JUDGES TO SUSPEND A SENTENCE OR THE EXECUTION OF A SENTENCE3SUBSEQUENT TO ORIGINAL SENTENCING UNDER CERTAIN CONDITIONS; AND4FOR RELATED PURPOSES.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:6
SECTION 1.
Section 99-19-25, Mississippi Code of 1972, is7amended as follows:899-19-25. The circuit courts and the county courts, in9misdemeanor cases, are hereby authorized to suspend a sentence and10to suspend the execution of a sentence, or any part thereof, on11such terms as may be imposed by the judge of the court. Provided,12the suspension of imposition or execution of a sentence hereunder13may not be revoked after a period of five (5) years.14The justice courts, in misdemeanor cases, are hereby15authorized to suspend sentence and to suspend the execution of a16sentence, or any part thereof, on such terms as may be imposed by17the judge of the court. Subsequent to original sentencing, the18justice courts, in misdemeanor cases, are hereby authorized to19suspend sentence and to suspend execution of a sentence, or any20part thereof, on such terms as may be imposed by the judge of the21court, if (a) the judge or his or her predecessor was authorized22to order such suspension when the sentence was originally imposed;23and (b) such conviction (i) has not been appealed; or (ii) has24been appealed and the appeal has been voluntarily dismissed.25Provided, the suspension of imposition or execution of a sentence26hereunder may not be revoked after a period of two (2) years.27Provided, however, the justice courts in cases arising under28
H. B. No. 674
*HR03/R1088*
09/HR03/R1088PAGE 2
(CJR\LH)
Sections 49-7-81, 49-7-95 and the Implied Consent Law shall not29suspend any fine.30
SECTION 2.
Section 21-23-7, Mississippi Code of 1972, is31amended as follows:3221-23-7. (1) The municipal judge shall hold court in a33public building designated by the governing authorities of the34municipality and may hold court every day except Sundays and legal35holidays if the business of the municipality so requires;36provided, however, the municipal judge may hold court outside the37boundaries of the municipality but not more than within a38sixty-mile radius of the municipality to handle preliminary39matters and criminal matters such as initial appearances and40felony preliminary hearings. The municipal judge shall have the41jurisdiction to hear and determine, without a jury and without a42record of the testimony, all cases charging violations of the43municipal ordinances and state misdemeanor laws made offenses44against the municipality and to punish offenders therefor as may45be prescribed by law. Except as otherwise provided by law,46criminal proceedings shall be brought by sworn complaint filed in47the municipal court. Such complaint shall state the essential48elements of the offense charged and the statute or ordinance49relied upon. Such complaint shall not be required to conclude50with a general averment that the offense is against the peace and51dignity of the state or in violation of the ordinances of the52municipality. He may sit as a committing court in all felonies53committed within the municipality, and he shall have the power to54bind over the accused to the grand jury or to appear before the55proper court having jurisdiction to try the same, and to set the56amount of bail or refuse bail and commit the accused to jail in57cases not bailable. The municipal judge is a conservator of the58peace within his municipality. He may conduct preliminary59hearings in all violations of the criminal laws of this state60occurring within the municipality, and any person arrested for a61
H. B. No. 674
*HR03/R1088*
09/HR03/R1088PAGE 3
(CJR\LH)
violation of law within the municipality may be brought before him62for initial appearance. The municipal court shall have63jurisdiction of any case remanded to it by a circuit court grand64jury.65(2) In the discretion of the court, where the objects of66justice would be more likely met, as an alternative to imposition67or payment of fine and/or incarceration, the municipal judge shall68have the power to sentence convicted offenders to work on a public69service project where the court has established such a program of70public service by written guidelines filed with the clerk for71public record. Such programs shall provide for reasonable72supervision of the offender and the work shall be commensurate73with the fine and/or incarceration that would have ordinarily been74imposed. Such program of public service may be utilized in the75implementation of the provisions of Section 99-19-20, and public76service work thereunder may be supervised by persons other than77the sheriff.78(3) The municipal judge may solemnize marriages, take oaths,79affidavits and acknowledgments, and issue orders, subpoenas,80summonses, citations, warrants for search and arrest upon a81finding of probable cause, and other such process under seal of82the court to any county or municipality, in a criminal case, to be83executed by the lawful authority of the county or the municipality84of the respondent, and enforce obedience thereto. The absence of85a seal shall not invalidate the process.86(4) When a person shall be charged with an offense in87municipal court punishable by confinement, the municipal judge,88being satisfied that such person is an indigent person and is89unable to employ counsel, may, in the discretion of the court,90appoint counsel from the membership of The Mississippi Bar91residing in his county who shall represent him. Compensation for92appointed counsel in criminal cases shall be approved and allowed93by the municipal judge and shall be paid by the municipality. The94
Search History:
Result 00 of 00
00 results for result for
p.
Notes
Load more
