The tragic story of Rivers McGraw has been reported by the media over the last several months. His mother is pushing a bill that will prevent minors under the age of 21 from posting bail when they are arrested for a DUI until a parent is notified. Representative Andy Gipson introduced HB #1089 on behalf of Ms. McGraw. WJTV reported:
The bill mandates that suspects who are under the age of 21 years old and are arrested for a DUI can not post bail within 48 hours unless either parent is notified of the arrest. Section 1 of the bill provides the major change in the law:
SECTION 1. (1) In any arrest of a person under the age of twenty-one (21), for an offense under the Uniform Controlled Substances Law or a violation of Section 63-11-30, no bail shall be granted and the person so arrested shall not be released, until one (1) of the following occurs:More information about the bill. This video presenting the life of Rivers McGraw was posted on Youtube.
(a) That one or more of the parents, or a person having legal custody, of the person arrested is present at the time of release. The court specifically finds that it is an unreasonable burden on law enforcement personnel to make determinations as to parental custody rights in contested situations, and authorizes release to either parent.
(b) That, because the parents are not reasonably available to appear personally because of travel, out-of-state residence, or similar circumstances, law enforcement personnel take reasonable steps to determine that the parent or parents are notified and concur in release of the defendant on scheduled bail.
(c) That an attorney who represents that he or she is acting with the knowledge and consent of the parent or parents requests release of the defendant on scheduled bail. Such representation and request may either be made in writing or verbally, with any such verbal request to be noted in law enforcement records.
(2) If none of the conditions described in subsection (1) are met, the court shall make itself available for emergency hearing, either in person or by telephone, at the request of counsel representing the defendant. If the defendant remains in custody and is unable to meet any of the conditions of release described herein, the court shall hold a hearing within forty-eight (48) hours of the arrest in compliance with URCCC 6.03. In event that the court is unable to hold such hearing within forty-eight (48) hours of the arrest due to circumstances beyond the control of the court, the defendant may be released on scheduled bail without additional conditions.
(3) The provisions of this section do not place any additional responsibility upon the police to make calls or allow the arrested person to make telephone calls beyond the existing requirements of the United States Constitution, the Mississippi Constitution or applicable statutes.
(4) Nothing in this section shall be construed to interfere with the judges' authority, if any, to deny bail or to otherwise lawfully detain a particular defendant.