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Bill > HB1158


MS HB1158

MS HB1158
Probable cause hearings; require before arrest.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Amend Section 99-3-3, Mississippi Code Of 1972, To Require A Probable Cause Hearing Before A Person Can Be Arrested; To Amend Section 99-3-7, Mississippi Code Of 1972, To Conform To The Preceding Section; And For Related Purposes.

AI Summary

This bill, effective July 1, 2026, fundamentally changes how arrests can be made in Mississippi by requiring a probable cause hearing before an arrest can occur, except in specific circumstances already outlined in law. A probable cause hearing is a legal proceeding where a judge or magistrate determines if there is enough evidence to believe a crime has been committed and that the person to be arrested likely committed it. The bill amends existing Mississippi Code sections to mandate that arrests for criminal offenses can only happen after such a hearing, and proper notice must be given to the alleged offender. This new requirement aims to ensure that arrests are made only when there is a judicial determination of probable cause, thereby preventing arrests and confinement from being deemed unnecessary. The bill also makes conforming changes to other sections of the code that deal with arrests without warrants to reflect this new probable cause requirement.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

bill text


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