Mississippi legislation · 2026 Regular Session
Mississippi HB1149: Bail; authorize defendant to post a cash deposit.
Status: Failed, February 3, 2026
AN ACT TO AMEND SECTION 99-5-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY COURT TO ALLOW A DEFENDANT TO POST A CASH DEPOSIT NO LESS THAN 10% OF THE TOTAL BAIL AMOUNT IN LIEU OF A SURETY OR PROPERTY BOND, ONLY IF THE DEFENDANT MEETS CERTAIN REQUIREMENTS AND EXECUTES A SWORN AFFIDAVIT OF ELIGIBILITY; TO REQUIRE THE CLERK OF A COURT TO PROVIDE THE DEFENDANT WITH STATUTORY NOTICE PRIOR TO ACCEPTING ANY CASH BAIL; TO SET FORTH A FORM NOTICE TO BE USED BY COURT CLERKS; AND FOR RELATED PURPOSES.
What the bill says
An act to amend section 99-5-9, mississippi code of 1972, to authorize any court to allow a defendant to post a cash deposit no less than 10% of the total bail amount in lieu of a surety or property bond, only if the defendant meets certain requirements and executes a sworn affidavit of eligibility; to require the clerk of a court to provide the defendant with statutory notice prior to accepting any cash bail; to set forth a form notice to be used by court clerks; and for related purposes.
From the introduced text:
AN ACT TO AMEND SECTION 99-5-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY COURT TO ALLOW A DEFENDANT TO POST A CASH DEPOSIT NO LESS THAN 10% OF THE TOTAL BAIL AMOUNT IN LIEU OF A SURETY OR PROPERTY BOND, ONLY IF THE DEFENDANT MEETS CERTAIN REQUIREMENTS AND EXECUTES A SWORN AFFIDAVIT OF ELIGIBILITY; TO REQUIRE THE CLERK OF A COURT TO PROVIDE THE DEFENDANT WITH STATUTORY NOTICE PRIOR TO ACCEPTING ANY CASH BAIL; TO SET FORTH A FORM NOTICE TO BE USED BY COURT CLERKS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 99-5-9, Mississippi Code of 1972, is amended as follows: 99-5-9. (1) In addition to any type of bail allowed by statute, any committing court, in its discretion, may allow any defendant, to whom bail is allowable, to deposit cash as bail bond in lieu of a surety or property bail bond, by depositing such cash sum as the court may direct with the sheriff or officer having custody of defendant, who shall receipt therefor and who shall forthwith deliver the said monies to the county treasurer, who shall receipt therefor in duplicate. The sheriff, or other officer, upon receipt of the county treasurer, shall forthwith *HR26/R1966* H. B. No. 1149 ~ OFFICIAL ~ G1/2 26/HR26/R1966 PAGE …
Sponsors
- Burch, Elliot (R, 105) · primary sponsor
Latest actions
- : Died In Committee
- : Referred To Judiciary B
Subjects: Bail
Common questions
- What is HB1149?
- HB1149 is a bill in the Mississippi Legislature (2026 Regular Session): Bail; authorize defendant to post a cash deposit.
- What does HB1149 do?
- In its own words: An act to amend section 99-5-9, mississippi code of 1972, to authorize any court to allow a defendant to post a cash deposit no less than 10% of the total bail amount in lieu of a surety or property bond, only if the defendant meets certain requirements and executes a sworn affidavit of eligibility; to require the clerk of a court to provide the defendant with statutory notice prior to accepting any cash bail; to set forth a form notice to be used by court clerks; and for related purposes.
- What is the status of HB1149?
- Failed as of February 3, 2026. Latest action: Died In Committee (February 3, 2026).
- Who sponsored HB1149?
- Burch, Elliot (R, 105).
- Where is the official record for HB1149?
- On the Mississippi Legislature website: http://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB1149.xml
Source: official Mississippi record. Tracked by Delilah, AI for legislation across all 50 states and Congress.