EN BANC ORDER
W. KITCHENS, JUSTICE
December 15, 2016, by unanimous order of the Court, the
Mississippi Rules of Criminal Procedure were adopted. The
Court's en banc order provided that this new
body of rules take effect July 1, 2017, and adjudicated that
the Mississippi Rules of Criminal Procedure ". . . shall
govern the procedure in all criminal proceedings in the
Circuit, County, Justice and Municipal Courts of this
due consideration, the Court finds that, in the interest of
promoting the fair and efficient administration of justice,
the Mississippi Rules of Criminal Procedure should be, and
they hereby are, amended in accordance with Exhibit A, which
by reference is incorporated in and made a part of this
order. Such amendments shall take effect on July 1, 2017.
Clerk of this Court shall spread this order and the amended
rules attached hereto on the minutes of the Court, and the
Clerk shall provide a certified copy thereof to West
Publishing Company for publication in a forthcoming edition
of the Southern Reporter, Mississippi Cases, which is the
official publication of the decisions of this Court, and in
the next edition of the Mississippi Rules of Court.
A MISSISSIPPI RULES OF CRIMINAL PROCEDURE Rule 8.7 Transfer
and Disposition of Bond. . . .
Forfeiture. If at any time it appears to the court
that a defendant has failed to appear, the court shall
proceed as appropriate pursuant to Mississippi Code Sections
99-5-25, or 21-23-8, or 99-5-11, and
any related statutes or regulations which may apply.
. . .
8.7(a) is consistent with current Mississippi practice
regarding appearance bonds. The last sentence of section (c)
addresses the situation where a bail bond company attempts to
surrender the principal solely on the basis of nonpayment of
the fee or commission, or any portion thereof, which was not
collected at the time of issuance of the bond. Mississippi
Code Section 83-39-25 plainly directs that the professional
bail agent "shall charge and collect" the premium,
commission, or fee due. However, if the bail agent
nevertheless elects to contract with the principal to issue
bail on the payment of less than the full amount due, any
subsequent collection effort is merely a contractual matter
which may be resolved in civil court, not in criminal court
by means of incarceration for nonpayment. See Brooks v.
Pennington, 995 So.2d 733 (Miss. Ct. App. 2007). The
statutes governing bail permit wide latitude to the surety to
surrender a person on bail; however, nonpayment of a
contractual obligation between the principal and professional
bail agent is not, standing alone, a proper basis for
surrender. Section (d) defers to the extensive statutory
procedure governing forfeiture of bail bonds provided in
Mississippi Code Sections 99-5-25, and 21-23-8, and 99-5-11.
. . .