Bill Text: MS HB1346 | 2011 | Regular Session | Engrossed
Bill Title: Domestic violence and problem solving courts; authorize.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-03-01 - Died In Committee [HB1346 Detail]
Download: Mississippi-2011-HB1346-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary B
By: Representatives Bailey, Buck (72nd)
House Bill 1346
(As Passed the House)
AN ACT TO PROVIDE THE AUTHORITY FOR A CHANCERY, CIRCUIT, COUNTY OR MUNICIPAL COURT TO ESTABLISH A DOMESTIC VIOLENCE COURT OR A PROBLEM SOLVING COURT; TO DEFINE CERTAIN TERMS; TO PROVIDE JURISDICTION AND ELIGIBILITY REQUIREMENTS; TO AUTHORIZE THE COURTS TO PROVIDE CERTAIN SERVICES; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COURTS; TO PROVIDE FUNDING; TO AMEND SECTIONS 9-5-81, 9-7-81, 9-9-21 AND 21-23-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that:
(a) Domestic violence is a serious crime that causes substantial damage to victims and children as well as the to the community. Families experiencing domestic violence are often involved in more than one (1) court proceeding including divorce and custody cases, civil and criminal proceedings regarding domestic violence, substance abuse and child protection. Substantial state and county resources are required each year for the incarceration, supervision and treatment of batterers.
(b) Domestic violence courts hold offenders accountable, increase victim safety, provide greater judicial monitoring and coordinate information to provide effective interaction and use resources among the courts, justice system personnel and community agencies. Effective case management and coordination ensures that decisions in one (1) case do not conflict with existing orders in other civil and criminal cases and provide courts with the necessary information to protect victims and families.
(c) Domestic violence courts have proven effective in reducing recidivism and increasing victim safety. It is in the best interests of the citizens of this state to establish domestic violence courts.
SECTION 2. As used in this act:
(a) "Domestic violence court" means a problem solving court focused on the safety of the victim and the defendant's accountability by:
(i) Bringing together criminal justice professionals, local social programs and intensive judicial monitoring;
(ii) Linking victims to programs and services; and
(iii) Linking eligible defendants to programs and services.
(b) "Problem solving court" means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts:
(i) Enhanced information for improve decision making;
(ii) Engaging the community to assist with problem solving;
(iii) Collaboration with social service providers and other stakeholders;
(iv) Linking participants with community services based on risk and need;
(v) Participant accountability; and
(vi) Evaluating the effectiveness of operations continuously.
SECTION 3. A chancery, circuit, county or municipal court may establish a civil domestic violence problem solving court.
SECTION 4. (1) A problem solving court and accompanying services of the problem solving court are available only to individuals over whom the court has established that the problem solving court has jurisdiction.
(2) A problem solving court that does not have felony jurisdiction may assume jurisdiction over an individual convicted of a felony from another court within the county if the problem solving court returns the case to the referring court for additional proceedings when:
(a) The individual has successfully completed the problem solving court's program; or
(b) The individual's participation in the problem solving court is terminated by the problem solving court.
SECTION 5. An individual is eligible to participate in a problem solving court program only if:
(a) The judge of the problem solving court approves the admission of the individual to the problem solving court program; or
(b) The individual is referred to the problem solving court as a result of at least one (1) of the following:
(i) A condition of a pretrial diversion program;
(ii) A condition of probation;
(iii) A condition of parole; or
(iv) Involvement in a civil protection proceeding.
SECTION 6. A problem solving court may provide the following services to individuals participating in problem solving court programs:
(a) Assessment;
(b) Referral;
(c) Service coordination and case management;
(d) Supervision;
(e) Judicial involvement; and
(f) Program evaluation.
SECTION 7. A court may take steps necessary to carry out the functions of the problem solving court including the following:
(a) Hiring employees as needed to carry out the functions of the problem solving court;
(b) Establishing policies and procedures for the problem solving court; and
(c) Adopting local rules as necessary for the problem solving court.
SECTION 8. An individual does not have a right to participate in a problem solving court program.
SECTION 9. (1) All monies received from any source by the Domestic Violence Courts shall be accumulated in a fund to be used only for Domestic Violence Court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the Domestic Violence Court fund for the funding of further activities by the Domestic Violence Court.
(2) A Domestic Violence Court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources;
(b) Grant and contract money from governmental sources; and
(c) Other forms of financial assistance approved by the court to supplement the budget of the Domestic Violence Court.
SECTION 10. Section 9-5-81, Mississippi Code of 1972, is amended as follows:
9-5-81. The chancery court in addition to the full jurisdiction in all the matters and cases expressly conferred upon it by the Constitution shall have jurisdiction of all cases transferred to it by the circuit court or remanded to it by the Supreme Court; and such further jurisdiction, as is, in this chapter or elsewhere, provided by law. A chancery court may establish a domestic violence or problem solving court as provided in Sections 1 through 9 of House Bill No.____, 2011 Regular Session.
SECTION 11. Section 9-7-81, Mississippi Code of 1972, is amended as follows:
9-7-81. The circuit court shall have original jurisdiction in all actions when the principal of the amount in controversy exceeds Two Hundred Dollars ($200.00), and of all other actions and causes, matters and things arising under the Constitution and laws of this state which are not exclusively cognizable in some other court, and such appellate jurisdiction as prescribed by law. Such court shall have power to hear and determine all prosecutions in the name of the state for treason, felonies, crimes, and misdemeanors, except such as may be exclusively cognizable before some other court; and said court shall have all the powers belonging to a court of oyer and terminer and general jail delivery, and may do and perform all other acts properly pertaining to a circuit court of law. A circuit court may establish a domestic violence or problem solving court as provided in Sections 1 through 9 of House Bill No.____, 2011 Regular Session.
SECTION 12. Section 9-9-21, Mississippi Code of 1972, is amended as follows:
9-9-21. (1) The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Two Hundred Thousand Dollars ($200,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in such actions where the amount sought to be recovered in such setoff, counterclaim or cross-bill exceeds Two Hundred Thousand Dollars ($200,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Two Hundred Thousand Dollars ($200,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively the jurisdiction heretofore exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of said court in vacation.
(2) In the event of the establishment of a county court by an agreement between two (2) or more counties as provided in Section 9-9-3, it shall be lawful for such court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in the other county under the jurisdiction of said court.
(3) A county court may establish a domestic violence or problem solving court as provided in Sections 1 through 9 of House Bill No.____, 2011 Regular Session.
SECTION 13. Section 21-23-7, Mississippi Code of 1972, is amended as follows:
21-23-7. (1) The municipal judge shall hold court in a public building designated by the governing authorities of the municipality and may hold court every day except Sundays and legal holidays if the business of the municipality so requires; provided, however, the municipal judge may hold court outside the boundaries of the municipality but not more than within a sixty-mile radius of the municipality to handle preliminary matters and criminal matters such as initial appearances and felony preliminary hearings. The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law. Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court. Such complaint shall state the essential elements of the offense charged and the statute or ordinance relied upon. Such complaint shall not be required to conclude with a general averment that the offense is against the peace and dignity of the state or in violation of the ordinances of the municipality. He may sit as a committing court in all felonies committed within the municipality, and he shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to set the amount of bail or refuse bail and commit the accused to jail in cases not bailable. The municipal judge is a conservator of the peace within his municipality. He may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of law within the municipality may be brought before him for initial appearance. The municipal court shall have jurisdiction of any case remanded to it by a circuit court grand jury. The municipal court shall have civil jurisdiction over actions filed pursuant to and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the Protection from Domestic Abuse Act.
(2) In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition or payment of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines filed with the clerk for public record. Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed. Such program of public service may be utilized in the implementation of the provisions of Section 99-19-20, and public service work thereunder may be supervised by persons other than the sheriff.
(3) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.
(4) When a person shall be charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of The Mississippi Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the municipality. The maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case. The governing authorities of a municipality may, in their discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.
(5) The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice. Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record. Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.
(6) Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.
(7) Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge such misdemeanor conviction.
(8) In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.
(9) Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him. On default of appearance, an arrest warrant may be issued for the defendant. The clerk of the court or deputy clerk may issue such citations.
(10) The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.
(11) The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months' imprisonment, or both, for contempt of court. The municipal court may have the power to impose reasonable costs of court, not in excess of the following:
Dismissal of any affidavit, complaint or charge
in municipal court............................. $ 50.00
Suspension of a minor's driver's license in lieu of
conviction..................................... $ 50.00
Service of scire facias or return "not found"..... $ 20.00
Causing search warrant to issue or causing prosecution
without reasonable cause or refusing to cooperate
after initiating action........................ $ 100.00
Certified copy of the court record................ $ 5.00
Service of arrest warrant for failure to answer
citation or traffic summons.................... $ 25.00
Jail cost per day................................. $ 10.00
Service of court documents related to the filing of a petition or issuance of a protection from domestic abuse order under Title 93, Chapter 21, Mississippi Code of 1972............ ...$ 25.00
Any other item of court cost...................... $ 50.00
No filing fee or such cost shall be imposed for the bringing of an action in municipal court.
(12) A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court. Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver such documents and records to the justice court. There shall be no court costs charged for the transfer of the case to the justice court.
(13) A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
(14) A municipal court may establish a domestic violence or problem solving court as provided in Sections 1 through 9 of House Bill No.____, 2011 Regular Session.
SECTION 14. This act shall take effect and be in force from and after July 1, 2011.
