Mississippi 2026 Regular Session

Mississippi House Bill HB1010

Introduced
1/16/26  
Refer
1/16/26  

Caption

AN ACT TO REQUIRE ANY PERSON EXECUTING A WARRANT AT A RESIDENCE, HOME, APARTMENT, ROOM, BUILDING OR PREMISES OR ANY OTHER DWELLING PLACE UNDER THE LAWS OF THIS STATE TO GIVE APPROPRIATE NOTICE OF THE IDENTITY, AUTHORITY AND PURPOSE OF THE OFFICER TO THE PERSON TO BE SEARCHED OR ARRESTED BEFORE ENTERING SUCH, OR TO THE PERSON IN APPARENT CONTROL OF THE PREMISES TO BE SEARCHED; TO REQUIRE THE EXECUTING OFFICER TO READ AND GIVE A COPY OF THE WARRANT TO THE PERSON TO BE SEARCHED OR ARRESTED, OR TO THE PERSON IN APPARENT CONTROL OF THE PREMISES TO BE SEARCHED; TO REQUIRE ALL WARRANTS TO BE EXECUTED WITHIN THE PERIOD AND AT THE TIMES AUTHORIZED BY THE WARRANT; TO LIMIT THE ISSUANCE OF NO-KNOCK WARRANTS TO THE COUNTY COURT OR COUNTY JUDGE IN VACATION, CHANCERY COURT OR BY THE CHANCELLOR IN VACATION, BY THE CIRCUIT COURT OR CIRCUIT JUDGE IN VACATION, OR BY A JUSTICE OF THE MISSISSIPPI SUPREME COURT; TO AMEND SECTION 41-29-157, MISSISSIPPI CODE OF 1972, TO REMOVE THE REPEALED PROVISIONS REGARDING NO-KNOCK WARRANTS; TO AMEND SECTIONS 99-3-1 AND 99-3-7, MISSISSIPPI CODE OF 1972, WHICH GOVERN WARRANTLESS ARRESTS FOR DOMESTIC VIOLENCE, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 7-1-21, 7-5-67 AND 7-7-211, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE POWERS AND DUTIES OF INVESTIGATORS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 9-9-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE POWERS OF THE COUNTY JUDGE, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, WHICH REGULATES OPERATIONS OF THE MUNICIPAL COURT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 27-69-59, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE DEPARTMENT OF REVENUE COMMISSIONER TO REQUEST ISSUANCE OF WARRANTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 41-29-153, 41-29-159 AND 41-29-161, MISSISSIPPI CODE OF 1972, WHICH REGULATE ARRESTS SUBJECT TO VIOLATIONS OF THE UNIFORM CONTROLLED SUBSTANCES PROVISIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 43-13-221 AND 43-13-229, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE MEDICAID FRAUD CONTROL UNIT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 45-11-1, MISSISSIPPI CODE OF 1972, WHICH REGULATES THE STATE CHIEF DEPUTY FIRE MARSHAL AND DEPUTY STATE FIRE MARSHALS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 47-5-28, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE POWERS OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 49-1-43 AND 49-15-21, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE AUTHORITY OF CONSERVATION OFFICERS' AUTHORITY TO ARREST, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 67-1-17, MISSISSIPPI CODE OF 1972, WHICH REGULATES SEARCH AND ARREST FOR VIOLATION OF ALCOHOL PROVISIONS, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 69-29-1, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE LIVESTOCK THEFT BUREAU, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 93-29-17, MISSISSIPPI CODE OF 1972, WHICH REGULATES ARRESTS DUE TO LIVESTOCK THEFT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 97-3-54.7 AND 97-17-4, MISSISSIPPI CODE OF 1972, WHICH REGULATE ARRESTS RELATED TO SEIZURE OF PROPERTY, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 97-21-101, MISSISSIPPI CODE OF 1972, WHICH REGULATES TRADEMARK VIOLATIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 97-37-23, 97-43-9 AND 99-3-2, MISSISSIPPI CODE OF 1972, WHICH REGULATE SEARCH AND SEIZURE PROVISIONS, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 99-15-11, MISSISSIPPI CODE OF 1972, WHICH REGULATES CERTAIN SEARCH WARRANTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 99-27-15 AND 99-27-21, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE FORM OF CERTAIN WARRANTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 11-43-25, MISSISSIPPI CODE OF 1972, WHICH REGULATES UNLAWFUL DETAINMENT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 19-25-11, MISSISSIPPI CODE OF 1972, WHICH REGULATES A SHERIFF'S AUTHORITY TO ARREST, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 23-15-941, MISSISSIPPI CODE OF 1972, WHICH REGULATES VIOLATIONS AND ARRESTS SUBJECT TO THE ELECTION PROVISIONS, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTIONS 27-7-79, 27-13-65, 27-19-133, 27-19-135 AND 27-19-136, MISSISSIPPI CODE OF 1972, WHICH REGULATE ARRESTS RELATED TO CERTAIN LIENS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 27-65-91, 33-13-21, 33-13-321, 33-13-615 AND 33-13-623, MISSISSIPPI CODE OF 1972, WHICH REGULATE ARRESTS BY SPECIAL AGENTS AND MILITARY COURTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 33-15-41, MISSISSIPPI CODE OF 1972, WHICH REGULATES CERTAIN WARRANTLESS ARRESTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 41-21-93, MISSISSIPPI CODE OF 1972, WHICH REGULATES THE ARRESTS OF CERTAIN PATIENTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 43-21-301, MISSISSIPPI CODE OF 1972, WHICH REGULATES CHILD CUSTODY ORDERS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 45-3-21 AND 45-27-9, MISSISSIPPI CODE OF 1972, WHICH REGULATE CERTAIN CRIMES AGAINST CHILDREN, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 45-33-33 AND 45-33-63, MISSISSIPPI CODE OF 1972, WHICH REGULATE SEX OFFENDERS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 47-7-27, MISSISSIPPI CODE OF 1972, WHICH REGULATES PROCEDURES FOR PAROLE REVOCATION; TO AMEND SECTIONS 49-5-47 AND 49-5-115, MISSISSIPPI CODE OF 1972, WHICH REGULATE CORPORATE CRIMES, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 49-15-45, MISSISSIPPI CODE OF 1972, WHICH REGULATES OYSTER LAW ENFORCEMENT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 51-9-175, MISSISSIPPI CODE OF 1972, WHICH REGULATES THE AUTHORITY OF THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 59-21-127, MISSISSIPPI CODE OF 1972, WHICH REGULATES THE BOAT AND WATER SAFETY ENFORCEMENT OFFICERS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 63-9-23, 63-17-5 AND 65-1-131, MISSISSIPPI CODE OF 1972, WHICH REGULATE CERTAIN VIOLATIONS OF THE TRANSPORTATION PROVISIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 67-1-31, MISSISSIPPI CODE OF 1972, WHICH REGULATES VIOLATIONS OF ALCOHOLIC BEVERAGES PROVISIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 77-7-335 AND 77-9-505, MISSISSIPPI CODE OF 1972, WHICH REGULATE ENFORCEMENT BY PUBLIC UTILITIES AND RAILROAD OFFICERS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 93-9-31, MISSISSIPPI CODE OF 1972, WHICH REGULATES PATERNITY, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 97-19-75 AND 97-19-79, MISSISSIPPI CODE OF 1972, WHICH REGULATE RESTITUTION CENTERS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 99-3-18, 99-3-19, 99-3-21 AND 99-3-28, MISSISSIPPI CODE OF 1972, WHICH REGULATE ARRESTS INCIDENT TO VARIOUS CRIMES, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 99-20-17, 99-21-1, 99-33-3 AND 99-37-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDE ARREST FOR CERTAIN DEFAULTS AND CONTEMPT, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.

Impact

The bill modifies the current procedural framework by formally limiting the issuance of 'no-knock' warrants, which would now only be allowable by specific court authorities, including county and circuit judges or the Mississippi Supreme Court during vacation periods. This significant restriction aims to reduce the potential for confrontations and prevent potential violations of citizen rights during warrant execution. The amendments may result in fewer no-knock warrants being issued, aligning law enforcement practices with community concerns about aggressive entries, thereby possibly enhancing public trust in local enforcement agencies.

Summary

House Bill 1010 aims to amend the existing laws governing the execution of warrants in the state of Mississippi. The bill mandates that any individual executing a warrant at any dwelling must provide prior notice of their identity, authority, and the purpose of the entry to the person being searched or arrested. This requirement is intended to increase transparency and protect the rights of residents during law enforcement actions. Furthermore, the executing officer is required to read the warrant and provide a copy to the individual at the premises at the time of execution.

Contention

One of the key points of contention surrounding HB 1010 includes debates on the balance between law enforcement needs and the rights of individuals. Proponents of the bill argue that these changes are necessary to protect citizens' rights and to honor the privacy of individuals in their homes. Critics, however, may express concerns that limiting the use of no-knock warrants could hinder law enforcement’s ability to effectively apprehend suspects in urgent situations, potentially allowing for the destruction of evidence or escape. The discussions in legislative sessions reflect broader societal concerns over law enforcement tactics and civil liberties, revealing a dichotomy between ensuring public safety and preserving individual freedoms.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.