Bill Text: MS SB2429 | 2018 | Regular Session | Engrossed

Mississippi Senate Bill 2429 (Prior Session Legislation)

Bill Title: Criminal procedure; allow interlocutory appeal by prosecution to stay proceedings and toll statute.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-27 - Died In Committee [SB2429 Detail]

Download: Mississippi-2018-SB2429-Engrossed.html

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary, Division B

By: Senator(s) Wiggins

Senate Bill 2429

(As Passed the Senate)

AN ACT TO AMEND SECTION 99-35-103, MISSISSIPPI CODE OF 1972, TO ALLOW INTERLOCUTORY APPEAL BY THE PROSECUTION UNDER CERTAIN CIRCUMSTANCES TO STAY PROCEEDINGS AND TOLL STATUTE; TO AMEND SECTION 9-9-21, MISSISSIPPI CODE OF 1972, TO CLARIFY JURISDICTION OF THE COUNTY COURT; TO CREATE AN ADDITIONAL COUNTY COURT JUDGESHIP IN LEE COUNTY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 99-35-103, Mississippi Code of 1972, is amended as follows:

99-35-103. The state or any municipal corporation may prosecute an appeal from a judgment of the circuit or county court in a criminal cause in the following cases:

(a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.

(b) From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.

(c) From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.

(d) (i) From a ruling adverse to the state in a criminal case if:

1. The ruling is made prior to a plea of guilty or the beginning of a jury trial;

2. The indictment is for a crime of violence as defined in Section 97-3-2; and

3. The trial court's adverse ruling would prevent the prosecution from introducing evidence that would be relevant to prove an element of the offense.

(ii) The appeal must be filed in compliance with Rule 5 of the Rules of Appellate Procedure, and the appeal will:

1. Stay the prosecution of the offense; and

2. Toll the application of Section 99-17-1, pending a resolution of the interlocutory appeal as to the period of time within which a defendant must be tried.

SECTION 2. 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. The county court shall have jurisdiction over criminal matters in the county assigned by a judge of the circuit court district in which the county is included, including jurisdiction as provided in Section 99-35-103.

(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.

SECTION 3. (1) In order to relieve the crowded condition of the docket in the county court and in the youth court of Lee County and particularly to facilitate and make possible the trial and disposition of the large number of causes in the youth court, there shall be two (2) county judges for Lee County, provided for and elected as herein set out.

(2) For the purposes of nomination and election, the two (2) judgeships shall be separate and distinct, with the county judgeship that existed on January 1, 2018, to be denominated for purposes of appointment, nomination and election only as "Place One" and the additional judgeship hereby created to be designated as "Place Two." There shall be no distinction whatsoever in the powers, duties and emoluments of the two (2) offices of county judge, except that the county judge of Lee County who has been for the longest time continuously a county judge of the county shall have the right to assign causes, terms and dockets. Should neither judge of the county court have served longer in office than the other, then that judge of the county court who has been for the longest time a member of The Mississippi Bar shall have the right to assign causes, terms and dockets.

(3) While there shall be no limitation whatsoever upon the powers and duties of the county judges other than as cast upon them by the Constitution and laws of this state, the county court of Lee County may, in the discretion of the county judge who has been for the longest time continuously a judge of the court, be divided into civil, equity, criminal and youth court divisions as a matter of convenience by the entry of an order upon the minutes of the court.

(4) The initial holder of the additional judgeship created by this section, or "Place Two," shall be elected in the regular election of November 2018. The person elected shall begin the term of office in January 2020 at the same time as county judges generally, and there shall be no vacancy of the office before that time. The two (2) judges shall otherwise be elected, and any vacancy in office filled, as provided for county judges generally.

(5) Each county judge shall appoint a court reporter in accordance with Section 9-13-61 for the purpose of doing the necessary stenographic work of the court.

(6) The Board of Supervisors of Lee County may, in its discretion, set aside, appropriate and expend monies from the general fund to be used in the payment of salaries of judges, clerks, reporters, officers and employees of the youth court division of the county court, including the related facilities of the youth court division of the county court, and such funds shall be expended for no other purposes. The county shall not be reimbursed for the amount of any such levy provided for by this section under the terms of the Homestead Exemption Law.

SECTION 4. This act shall take effect and be in force from and after July 1, 2018, and shall stand repealed from and after June 30, 2018.