Electronic warrants; provide use for misdemeanors and protection orders., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Hill

Senate Bill 2230

(As Sent to Governor)

AN ACT TO AMEND SECTION 99-3-47, MISSISSIPPI CODE OF 1972,
TO INCLUDE MISDEMEANOR WARRANTS WITHIN THE PROVISION OF LAW THAT PROVIDES FOR
ELECTRONIC WARRANTS; TO CLARIFY THAT A SIGNATURE UTILIZED BY THE JUDICIAL
BRANCH OF STATE GOVERNMENT ON A PROTECTION ORDER SHALL NOT BE DENIED LEGAL
EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM; AND FOR
RELATED PURPOSES.

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

SECTION 1.  Section
99-3-47, Mississippi Code of 1972, is amended as follows:

99-3-47.  (1)  An
application for a felony or misdemeanor warrant or signature utilized by the judicial branch of state
government, to include, but not limited to, a protection order, other
than an application for a no-knock warrant shall not be denied legal effect or
enforceability solely because it is in electronic form.  An application,
signature or record in electronic form shall have the full effect of law.

(2)  If a provision of law
requires the application for a felony or misdemeanor warrant to be in
writing, an electronic version of the written record shall satisfy such
provision of law.

(3)  If a provision of law
requires a signature, an electronic signature satisfies such provision of law.

(4)  An application used to
attach a digital signature to a felony or misdemeanor warrant or
affidavit must have security procedures in place that ensure the authenticity
of the digital signature.  The application must also be able to keep an
electronic record of the warrant or affidavit, including the time and date of
when the signature was attached.  The application must also include encryption
measures to ensure secure access of the application.

(5)  Unless otherwise agreed
to by a sender of a warrant application and the judge, an electronic record is
received when:

(a)  The record enters
an information-processing system that the local court rules have designated and
approved for the purpose of receiving electronic applications for warrants and
from which the recipient is able to retrieve the electronic record; and

(b)  It is in a form
capable of being processed by the system, and in a form that satisfies the
provisions of the Mississippi Public Records Act of 1983.

(6)  In an instance where an
affidavit is submitted to a judge electronically, the electronic signature of
the affiant shall satisfy the constitutional requirement that the testimony of
the affiant be made under oath, provided that such signature is made under
penalty of perjury and in compliance with subsection (4) of this section.  If
the requirements of subsection (4) of this section are met, it shall not be
necessary for the oath to be made orally for the affidavit to have legal
effect.

(7)  An application for a
felony or misdemeanor warrant or signature made pursuant to this section
shall contain a statement that the application is being made for a felony or
misdemeanor criminal investigation, as applicable.

(8)  Before an electronic
felony or misdemeanor warrant shall be issued pursuant to this section,
the applicant shall be required to meet with a judge.  The meeting required by
this subsection may be through the use of video or teleconference devices.

(9)  This section shall not
authorize the issuance of no-knock warrants by the use of electronic warrant
applications or electronic signatures for the applications.

SECTION 2.  This act
shall take effect and be in force from and after its passage.