SB 2108 Mississippi Senate · 2026 Regular Session

Bail; amend provisions related thereto.

SB 2108 amends Mississippi bail laws to directly affect bail agents, defendants seeking release, and charitable bail funds. It requires suspending a bail agent’s license if a court rules they owe money to an insurer due to employment issues (license may be reinstated after payment), clarifies that credit card fees aren’t part of bail premiums, and allows defendants to post 10% of bail as cash with eligibility requirements (including a sworn affidavit). The bill prohibits unsecured release for defendants charged with "bail-restricted offenses" (requiring secured bonds instead), mandates charitable bail funds follow the same rules as surety companies, and requires courts to provide statutory notice before accepting cash bail. These changes aim to increase accountability for bail agents and standardize cash bail procedures.

Bill status died 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Governor

Introduced Feb 13, 2026 Last action Mar 3, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Committee Substitute → Current version · 9 edits

MAJOR

This bill was amended after passing the Senate to remove several provisions related to bail reform, including requirements for cash deposit options, statutory notice forms, restrictions on bail-restricted offenses, and limits on charitable bail funds. The changes significantly reduce the bill's scope by eliminating protections for defendants seeking cash bail alternatives and removing restrictions on unsecured release for certain offenses.

Scope change

The bill's scope was substantially narrowed by removing provisions that would have expanded bail options for defendants and restricted unsecured release for specific offense categories.

ELIGIBILITY

Eliminated requirements for courts to provide statutory notice forms explaining bail options to defendants

Deleted provisions allowing courts to authorize cash deposits of 10% of bail amount in lieu of surety bonds

Removed restrictions prohibiting unsecured release for persons charged with bail-restricted offenses (offenses punishable by more than one year)

Deleted provisions limiting repeat offenders from obtaining unsecured judicial release

REQUIREMENT

Eliminated requirements for charitable bail funds to submit the same requirements as professional surety companies

REMOVED

Deleted the limit of three cash bonds per year for any individual or organization

TECHNICAL

Changed Section 99-5-9 from being amended to being brought forward for possible amendment, indicating the bail reform provisions were not finalized

Added 'Commissioner of Insurance' specification to clarify which commissioner has authority over bail license suspensions

TIMELINE

Removed the repeal date of June 30, 2026, leaving only the effective date of July 1, 2026

As Introduced → Committee Substitute · 10 edits

MAJOR

This bill amends Mississippi's bail laws to strengthen consumer protections and oversight for bail agents, clarify fee structures, and restrict unsecured release options for certain offenders. Key changes include requiring license suspension for bail agents with unpaid judgments against them, clarifying that certain fees are not part of the premium, and limiting cash bail deposits to 10% of the total amount under specific conditions.

Scope change

The bill expands regulatory oversight to include charitable bail funds and clarifies that repeat offenders and those charged with serious offenses cannot be released on unsecured judicial release.

ELIGIBILITY

Added requirement that bail agent licenses be suspended if a court judgment is rendered against the agent for monies owed to an insurer or professional bail agent, with reinstatement possible only after judgment satisfaction.

Prohibits judges from releasing persons charged with bail-restricted offenses (those punishable by more than one year imprisonment) on unsecured judicial release, requiring secured monetary or property bonds instead.

Bars repeat offenders from being eligible for unsecured judicial release, requiring secured bonds if released.

REQUIREMENT

Requires court clerks to provide defendants with statutory notice of bail options before accepting cash bail, including a standardized form explaining cash deposit versus professional bail agent options.

Limits cash bonds to a maximum of three per year per individual or entity and requires charitable bail funds to submit to the same requirements as professional surety companies.

FISCAL

Clarified that credit card transaction fees, bond transfer fees, and other authorized fees are not considered part of the premium, commission, or fee charged under the bail bond statute.

ENFORCEMENT

Grants concurrent prosecution authority to both the Attorney General and district attorneys for violations of the bail bond provisions.

Authorizes courts to assess the cost of serving process on a bail agent (by personal service or certified mail) against the defendant in criminal cases.

DEFINITION

Defines 'bail-restricted offense' as any offense punishable by more than one year imprisonment and 'unsecured judicial release' as release without monetary bond, property, or other security.

TIMELINE

Sets the effective date as July 1, 2026, with repeal on June 30, 2026, creating a one-year sunset provision.

Floor votes · Senate Feb 11, 2026

How they voted

49–3

Passed

Total votes 52

Feb 11, 2026

D Democratic18

15 Yea 3 Nay

83% Yea

R Republican34

34 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 16, 2026

Committee

Referred To Judiciary B;Accountability, Efficiency, Transparency

lower

Feb 13, 2026

Introduced

Transmitted To House

upper

Feb 11, 2026

Upper · Passed

Passed As Amended

upper

Feb 11, 2026

Upper · Passed

Amended

upper

Feb 3, 2026

Upper · Passed

Title Suff Do Pass Comm Sub

upper

Jan 9, 2026

Committee

Referred To Judiciary, Division B

upper

1 primary · 1 co-sponsor