reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-206 - State purchase of land sold to collect on forfeiture

In all cases where land or lands shall be sold at sheriff's sale for the purpose of collecting the amount due on forfeited appearance bonds in criminal cases, the state shall be authorized to purchase any of the lands. The amount paid by the state for the purchase of the lands shall in no case be greater than the amount of the bond upon which forfeiture has been taken and upon which the forfeiture the execution was issued.
Acts 1921, ch. 140, § 1; Shan. Supp., § 7148a1; Code 1932, § 11698; T.C.A. (orig. ed.), § 40-1306.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-207 - Notice to district attorney general of sale of land

In all cases of sales under execution issued to collect the amount of forfeiture taken upon appearance bonds in criminal cases, it is the duty of the sheriff to send to the district attorney general for the district in which the sale is to be made a copy of the advertisement of the sale.
Acts 1921, ch. 140, § 2; Shan. Supp., § 7148a2; Code 1932, § 11699; modified; T.C.A. (orig. ed.), § 40-1307.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-208 - Bid by district attorney general

The district attorney general for the district in which the sale is to be made shall then determine the amount or amounts which the property should bring at a fair sale, and, if the district attorney general thinks it expedient to do so, shall, in person or by agent, bid the property in for the state of Tennessee at a sum that the district attorney general thinks the property is reasonably worth. The amount at which the property is purchased shall in no event exceed the amount of the forfeiture for the satisfaction of which execution has been issued and the sale held.
Acts 1921, ch. 140, § 2; 1925, ch. 63, § 1; Shan. Supp., § 7148a3; Code 1932, § 11700; modified; T.C.A. (orig. ed.), § 40-1308.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-209 - Certificate of district attorney general

The district attorney general for the district in which the sale is to be made shall thereupon issue and deliver a certificate to the sheriff of the county conducting the sale, where the land or lands are situated. The certificate shall be in the following words and figures:
State of Tennessee, County of ____________________
______________ day of ______________ (year)
I, ______________, district attorney general for the ____________________ judicial district do hereby certify that I have purchased on the ____________________ day of ______________ (year) on behalf of and in the name of the State of Tennessee at a sale under execution at the courthouse, in ______________ County, Tennessee from ______________ the sheriff of ______________ County, said execution having been issued to collect the sum of ______________ dollars, the amount of the forfeiture taken upon the appearance bond of ______________ indicted ______________ day of ______________ (year) by the grand jury of ______________ County, upon a charge of ______________ the following described real estate for the sum of $ ______________.
DESCRIBED REAL ESTATE
The above described real estate having been levied upon as the property of ______________, surety upon the appearance bond of the aforementioned defendant, viz.,
This land having been purchased and bid in by me on behalf of and in the name of the State of Tennessee, under and by virtue of the authority vested in me by Tennessee Code Annotated §§
40-11-206
- 40-11-208, and acts amendatory thereto.
This certificate is issued by me and delivered to the sheriff of ______________ County aforesaid in lieu of the sum of $ ______________ bid by me.
______________
District Attorney General for the Judicial District
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a4; Code 1932, § 11701; modified; T.C.A. (orig. ed.), § 40-1309.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-210 - Disposition of copies of certificate

The district attorney general shall issue a separate certificate in duplicate, for each separate plot of land offered for sale by the sheriff under §§
40-11-206
- 40-11-208 and so purchased by the district attorney general, one (1) copy of the certificate to be delivered to the sheriff and one (1) copy to the clerk of the court having jurisdiction of the cause to be retained by the clerk in the records of the court.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a5; Code 1932, § 11702; modified; T.C.A. (orig. ed.), § 40-1310.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-211 - Certificate received and delivered to state or county

The sheriff shall receive the certificate in lieu of money, as now provided by law, which certificate the sheriff shall in lieu of money turn over and deliver to the state of Tennessee, or to the county, whichever may be the one entitled to the proceeds of the sale under the execution.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a6; Code 1932, § 11703; T.C.A. (orig. ed.), § 40-1311.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-212 - Sheriff's deed delivered to district attorney general

Upon delivery of the certificate by the district attorney general to the sheriff, the sheriff shall issue a deed to the state for the lands so purchased by the state and deliver it to the district attorney general in whose district the purchase is made.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a7; Code 1932, § 11704; modified; T.C.A. (orig. ed.), § 40-1312.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-213 - Delivery of deed to county

In all cases where the county is entitled to the proceeds of the sale under execution, under sales as provided in §§
40-11-206
- 40-11-212 after the expiration of the period of redemption provided in §
40-11-215
, the commissioner of finance and administration shall issue a deed for lands purchased under execution to the county so entitled to the deed upon the demand of the county mayor of that county.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a8; Code 1932, § 11705; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 40-1313; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-214 - Payment of costs - Notice to clerk of court

(a)
Whenever property has been purchased by the state, under §§
40-11-206
- 40-11-215, it is the duty of the district attorney general to certify to the commissioner of finance and administration the amount of costs incurred by the sheriff in making the sale, including the fees and commissions of the sheriff for making the sale, and forward same, together with the sheriff's deed, to the commissioner. Upon receipt of the certification, the amount of costs so certified shall be paid by the commissioner to the sheriff, as other criminal costs are paid.
(b)
The commissioner shall notify the clerk of the court wherein the forfeiture was taken of the amount of the purchase price and of the costs so paid.
Acts 1921, ch. 140, § 3; Shan. Supp., § 7148a9; Code 1932, § 11706; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified; T.C.A. (orig. ed.), § 40-1314.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 2 - FORFEITURE OF BAIL (§§ 40-11-201 — 40-11-215) › Section 40-11-215 - Redemption of property

(a)
The owner or owners of the property sold and bought by the state under §§
40-11-206
- 40-11-215 shall be entitled to redeem the property within two (2) years from the date of the sale by paying the amount for which the property was purchased by the state, together with all costs of the sale, and six percent (6%) interest on the purchase price and costs.
(b)
The redemption shall be made by paying the funds to the clerk of the court in the county in which the forfeiture was originally taken. The clerk shall thereupon issue to the party a certificate of redemption, which certificate shall divest all title of the state in and to the lands.
(c)
A report of all lands so redeemed shall be made monthly to the commissioner of finance and administration, accompanied by the sums paid for the redemption.
(d)
If the lands are not redeemed within the period of two (2) years, title thereto shall vest absolutely in the state, and the state shall have the right to convey the title to any purchaser who shall pay the amount of the purchase price and costs, and interest thereon from the date of sale. Any deeds, however, after the redemption period has expired, shall be made by the commissioner of finance and administration.
Acts 1921, ch. 140, § 4; Shan. Supp., §§ 7148a10-7148a13; Code 1932, §§ 11707-11710; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), §§ 40-1315--40-1318; Acts 2005, ch. 429, § 11.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Available capacity" is a professional bondsman's capacity reduced by the total amount of bail, expressed in dollars, which the professional bondsman has outstanding and from which the professional bondsman has not been released;
(2)
"Capacity" is the total amount of bail, expressed in dollars, on which a professional bondsman may act as surety;
(3)
"Equity in real estate" is determined by taking the fair market value of the real estate and subtracting from that value all outstanding liens and encumbrances. For purposes of establishing fair market value, either the county property assessor's appraisal or an opinion of value from a licensed real estate broker may be used; and
(4)
(A)
"Professional bondsman" means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof;
(B)
"Professional bondsman" or "bondsman" extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. The business of a professional bondsman shall be limited to the acts, transactions and undertakings enumerated in subdivision (4)(A) and to no others.
Acts 1939, ch. 199, § 1; C. Supp. 1950, § 11715.1; T.C.A. (orig. ed.), § 40-1401; Acts 1983, ch. 16, §§ 1-3; 1984, ch. 760, § 1; 1985, ch. 394, § 1; 2003, ch. 303, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-303 - Semiannual report of bondsmen

(a)
Every professional bondsman licensed to do business in this state shall, not later than January 31 and July 31 of each year, file with the clerk of the circuit or criminal court of each county in which the bondsman is furnishing bail or bonds securing costs and fines, etc., a report of the bondsman's assets and liabilities as of the preceding December 31 and June 30, respectively. This report shall show in detail:
(1)
The separate parcels of real estate owned, the value thereof, and the amount of mortgages, liens, taxes and all other encumbrances and by whom held;
(2)
All personal property of every character owned, including chattels, cash, accounts, notes and bills receivable; contracts; stocks, bonds and other securities; and other security or collateral, and the character and value thereof, held to secure payment of any debt owing to the bondsman;
(3)
The full amount of the bondsman's liability as surety on bonds, bail, secured costs and fines, and the names and addresses of the bondsman's principals, and the case or suit in which filed, in all incompleted transactions or undertakings;
(4)
The full amount of the bondsman's liabilities on forfeitures of bonds or bail, in which either conditional or final judgments have been entered against the bondsman in any court and which remain unsatisfied;
(5)
All bills, notes and accounts payable; endorsements and other debts, obligations and liabilities;
(6)
The name and address of each agent, representative or employee of the bondsman authorized to bind the bondsman on bonds, bail and other contracts or undertakings of suretyship; and
(7)
The name and address of each person having an interest in the bondsman's business, either as an individual or partner; or, in case the bondsman is a corporation, the name and address of each officer and the office held, director and stockholder thereof and the capital paid in and the capital stock issued and outstanding.
(b)
Any professional bondsman who willfully refuses to file such report or withholds any of the information called for thereby shall be dealt with as provided in §§
40-11-305
and
40-11-306
.
Amended by 2016 Tenn. Acts, ch. 689, s 1, eff. 3/24/2016.
Acts 1939, ch. 199, § 3; C. Supp. 1950, § 11715.3; T.C.A. (orig. ed.), § 40-1403.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-304 - Receipts furnished by bondsmen

(a)
It is the duty of a professional bondsman in all transactions with any persons, whether an accused, or those representing or purporting to represent an accused, whenever money or other consideration or thing of value is collected or received by the bondsman as surety, to furnish a receipt showing the name of the person paying the money or other thing of value, the name of the person for whom paid, the suit, action or matter in which the money is paid and the account or purpose for which it is received or is to be applied, and to keep a duplicate copy of every receipt.
(b)
Any failure, refusal or neglect to furnish receipts or keep duplicates of receipts is declared to be unlawful.
Acts 1939, ch. 199, § 10; C. Supp. 1950, § 11715.10; T.C.A. (orig. ed.), § 40-1404.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-305 - Investigation of solvency

The judge of any court of this state in which any professional bondsman executes criminal bonds, furnishes bail or secures costs and fines as surety, is empowered to inquire at any time into the solvency of any bondsman and to investigate and determine the value of the bondsman's assets and extent of the bondsman's liabilities, and to this end may, in the judge's discretion, appoint as many as three (3) investigators and/or appraisers to assist the court and who shall be empowered, when appointed, to investigate, appraise and report upon the value and extent of the bondsman's assets and liabilities. Each investigator and/or appraiser so appointed shall be entitled to receive reasonable compensation, not to exceed ten dollars ($10.00) a day, out of the general funds of the county, whenever their accounts for services are approved for payment by the judge ordering the investigation.
Acts 1939, ch. 199, § 4; C. Supp. 1950, § 11715.4; T.C.A. (orig. ed.), § 40-1405.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-306 - Prohibition of execution of bonds

If, after its investigation, the court finds that the bondsman:
(1)
Is insolvent;
(2)
Is not financially able to discharge the obligations of the bondsman's liabilities as surety;
(3)
Has failed, refused or neglected to make the semiannual reports of assets and liabilities as required in §
40-11-303
;
(4)
Has made and filed false semiannual reports; or
(5)
Has failed to furnish the court with information touching upon solvency, when called for;
then the court may order that the bondsman be prohibited from executing bonds, bail or other undertakings as surety in the court until the court becomes satisfied that the bondsman has complied with this part or the orders of the court, or that the bondsman is again financially solvent, and the court shall impose any other reasonable limitation on the total liability of the bondsman's undertakings in the court.
Acts 1939, ch. 199, § 4; C. Supp. 1950, § 11715.4; T.C.A. (orig. ed.), § 40-1406.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-307 - Charges for fixing case prohibited

It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or for any third person or persons, or in concert with them, in any negotiation, transaction or dealing with a person charged with a criminal offense or other violation of law, or with any person or persons purporting to represent or act for the one so charged, to charge, demand, contract for, accept, collect or receive any sum of money, fee, compensation, premium or other consideration, return, or favor of any character, directly or indirectly, upon any promise, offer, representation or holding out the inducement that the professional bondsman:
(1)
Can or will attempt to effect, procure, bring about, arrange or "fix" the disposition, dismissal or compromise of any criminal action or prosecution;
(2)
Can or will attempt to arrange, bargain for or "fix" the amount of fine or costs, and/or term of imprisonment to be imposed, or any particular action of a court, in any criminal case, contempt proceeding or other penal action in any court; or
(3)
Can or will attempt to stop, prevent, obstruct, impede, interfere with, retard or delay the prosecution of any criminal charge against an accused, or the process of the law in respect thereof, or that the bondsman will cause to be done any of the things enumerated in this subdivision (3).
Acts 1939, ch. 199, § 5; C. Supp. 1950, § 11715.5; T.C.A. (orig. ed.), § 40-1407.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-308 - Guarantees of immunity prohibited

It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or while acting for or through any third person or persons, or in concert with them, to solicit, demand, procure, exact, receive or collect any money or other thing of value or any other consideration, promise, favor or return of any character, directly or indirectly, from any person or persons, upon the agreement, promise, offer, representation, pretense or holding out the inducement, that the bondsman can or will:
(1)
Provide, furnish or guarantee to the person or persons, or to any person, persons or group of persons, immunity or protection from prosecution, arrest, investigation or indictment for any criminal offense or violation of law; or
(2)
Influence, persuade, "fix," order or direct any public official defined under §§
38-3-102
and
38-3-103
as a "conservator of the peace," or any member of a grand or petit jury, or district attorney general or prosecuting officer, to provide or furnish any immunity or protection referred to in this section, or to fail, neglect or omit to do or perform any act or official duty whatsoever toward the prosecution, suppression or prevention of criminal offenses or violations of law, and it is also unlawful for any professional bondsman to cause or procure any of these acts or things to be done.
Acts 1939, ch. 199, § 8; C. Supp. 1950, § 11715.8; modified; T.C.A. (orig. ed.), § 40-1408.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-309 - Fixing of cases prohibited

(a)
It is unlawful for any professional bondsman to do or perform any act, engage in any negotiations, enter into any agreement or transaction, pay or give any money or other thing of value or offer or attempt to do so directly or indirectly, whether alone, or by or through others acting for the bondsman, or in the bondsman's behalf or in concert with others, or at the bondsman's instance or request, or whether with or without consideration, as surety or otherwise, with the intent, purpose or design of:
(1)
Effecting, procuring, bringing about, arranging for or "fixing" the disposition, dismissal or compromise of any criminal action or prosecution or of arranging, bargaining for, or "fixing" the amount of fine or costs, and/or term of imprisonment or for any particular action of a court, judge, grand or petit jury or prosecuting attorney, in any criminal case, contempt proceeding or other penal action or offense before any court;
(2)
Stopping, preventing, obstructing, impeding, interfering with, retarding or delaying the prosecution of any criminal charge against an accused, or the processes of law in respect thereof;
(3)
Procuring sheriffs or their deputies, constables, police officers or other peace officers or any prosecutor of criminal offenses or violations to abandon or withdraw from the prosecution of the offenses or violations;
(4)
Procuring witnesses to disappear or be concealed;
(5)
Arranging for the loss or disappearance of bonds, court papers, exhibits or other evidence in criminal cases; or
(6)
Doing or performing any other act to accomplish the disposition and dismissal of any charge against an accused person by any other means whatever than through the processes and agencies established by law.
(b)
Nothing in this section shall deny to any professional bondsman or deprive the bondsman of the right and privilege of presenting to the court any matters affecting the legal liability of the bondsman as surety for an accused in any case where the question of liability is before the court for consideration or disposition.
(c)
Nothing in this section shall be construed as conferring upon any professional bondsman the right to appear for or on behalf of an accused as an attorney at law in any action, suit, transaction or dealing with or before the court, whether in open court or at chambers.
Acts 1939, ch. 199, § 6; C. Supp. 1950, § 11715.6; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1409.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-310 - Giving or procuring legal assistance unlawful

It is unlawful for any professional bondsman to aid, counsel or advise any person accused of a criminal offense or violation of law, or those purporting to act for or represent the accused in respect of any matter relating or pertaining to the charge pending against the accused or to the disposition or dismissal thereof, except as to matters relating to the contract of suretyship on the bond, bail or similar undertaking, or to the contract relating to the securing and payment of any fine or costs, being negotiated for or posted in the pending case; nor shall any professional bondsman, directly or indirectly, retain, hire or employ, or pay for the services of an attorney at law to aid, counsel, advise or represent any person accused of criminal offense or violation of law, or those purporting to act for or represent the accused, in any case, suit or matter, in which the professional bondsman is surety for those persons, nor divide with or pay to any attorney any part of the compensation received by the bondsman for services as surety of an accused.
Acts 1939, ch. 199, § 7; C. Supp. 1950, § 11715.7; T.C.A. (orig. ed.), § 40-1410.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-311 - Illegal contracts void - Recovery of payments and penalty

(a)
Any contract, agreement, promise, transaction or other similar undertaking, entered into between a professional bondsman and any other person or persons, wherein the bondsman charges, demands, contracts for, accepts, collects or receives any sum of money, fee, compensation, premium, gratuity or other consideration, return or favor of any character, in consideration of the bondsman's performance of, or the bondsman's promise, offer or attempt to do or perform, directly or indirectly, any of the acts or things declared to be unlawful by §§
40-11-307
- 40-11-310, are declared to be against public policy, illegal and void.
(b)
Any person or persons, who pay out money or part with any other thing of value under the contract, agreement, promise, transaction or undertaking may file suit, for that person or for the use of that person or persons for whom the person paid the money or delivered the other thing of value to the bondsman, in any court having jurisdiction thereof and recover the consideration so paid or parted with and, in addition, a forfeiture in an amount equal to twice the sum of money paid or twice the value of any other consideration parted with or both, as the case may be.
Acts 1939, ch. 199, § 9; C. Supp. 1950, § 11715.9; T.C.A. (orig. ed.), § 40-1411.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-312 - Penalty

A violation of this part is a Class B misdemeanor.
Acts 1939, ch. 199, § 12; C. Supp. 1950, § 11715.12; T.C.A. (orig. ed.), § 40-1412; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-313 - Peace officers, their deputies, and certain county officials prohibited from acting as professional bondsmen

(a)
It is unlawful for any person while serving as a constitutionally elected peace officer, or as such officer's deputy, or any duly elected or appointed county official to act as a professional bondsman, directly or indirectly.
(b)
This section shall not apply to any duly elected member of the county legislative body.
Acts 1999, ch. 13, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-315 - Reduction or refund of premium on bail, bond or surety

(a)
Whenever any professional bondsman, as defined in §
40-11-301
, furnishes bail, makes bond or furnishes surety for the appearance, before any court in this state, of any person charged with a criminal offense or a violation of any law, by means of a contract for a specified period of time, in which the bondsman acts as surety for appearance, the premium on the contract shall be reduced or refunded upon surrender of the person charged with the criminal offense or violation of a law in an amount in direct proportion of the percentage of the unexpired term of the contract to the total amount of the premium, unless that person is arrested on an additional criminal charge while released on bail or if the bond or surety is forfeited or revoked by the court having jurisdiction of that person or if the court accepts the surrender of the defendant based upon one (1) or more of the grounds set forth in §
40-11-132
.
(b)
If the premium is payable in equal installments, no further payment shall be due or payable upon surrender of the bonded person to the court. This section applies only to those contracts made on or after July 1, 1972.
Acts 1972, ch. 827, §§ 1, 2; T.C.A., § 40-1415; Acts 2003, ch. 303, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-317 - Criminal background check - Experience - Bankruptcy

(a)
In addition to any other qualifications required by law, the petition or license application for a person seeking to become a professional bondsman shall have attached to it an affidavit setting forth the criminal history, if any, of the petitioner or applicant. If the affidavit is found to be inaccurate, the petitioner or applicant shall be immediately disqualified as a professional bonding person. In addition, the applicant or petitioner shall submit to a criminal history background check by the Tennessee bureau of investigation as provided for under §
38-6-109
and shall be responsible for any fees for the criminal history background check. The results of the criminal background check shall be submitted by the Tennessee bureau of investigation to the clerks of the court responsible for regulating the activities of the professional bondsman.
(b)
Any applicant for approval as a bonding company owner shall have had two (2) years' experience writing bail in this state as a full-time qualified agent for a Tennessee professional bonding company in good standing.
(c)
If a court finds that a bondsman has individually or as a corporation owner been discharged in a bankruptcy proceeding leaving unsatisfied outstanding forfeitures with any court, then the court may order that the bondsman be prohibited from executing bonds, bail or other undertakings as surety in the court.
Acts 1998, ch. 663, § 1; 2006, ch. 816, § 1; 2012 , ch. 841, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-319 - Notice of arrest of bondsman

(a)
A professional bondsman who is arrested in this state for a felony, or is arrested in another state or by the federal government for the equivalent of a felony in this state, shall notify, in writing, within seventy-two (72) hours of the arrest, the court or courts in which the professional bondsman is qualified.
(b)
The written notice shall contain the following information:
(1)
Date of the arrest;
(2)
Location of the arrest;
(3)
Offense for which the bondsman was arrested;
(4)
The name and address of the law enforcement agency making the arrest;
(5)
The court before which the professional bondsman is to appear;
(6)
The date of the initial court appearance; and
(7)
Any other information the professional bondsman may want to include.
(c)
Upon receipt of the notice, if the court believes it is warranted, the court shall proceed under §
40-11-125
.
(d)
Failure to comply with this section shall result in an automatic suspension of the professional bondsman until the court conducts a hearing pursuant to §
40-11-125(b)
, or until the criminal charges against the professional bondsman are resolved.
Acts 1999, ch. 104, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 3 - PROFESSIONAL BONDSMEN (§§ 40-11-301 — 40-11-320) › Section 40-11-320 - Prerequisite to employing bounty hunter

Before employing a bounty hunter to apprehend a defendant, a professional bail bondsman shall make a reasonable effort to verify the defendant's address.
Acts 2001, ch. 430, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 4 - CONTINUING EDUCATION FOR PROFESSIONAL BAIL BONDING AGENTS (§§ 40-11-401 — 40-11-406) › Section 40-11-401 - Continuing education required

(a)
Each professional bail bondsman or bonding agent individually, including partners, officers and directors of a corporation engaged for profit who are qualified as professional bail bondsmen or bonding agents, making bonds or entering into undertakings as surety in criminal proceedings as defined in §
40-11-301
, shall obtain eight (8) hours of continuing education credits during each twelve-month period beginning on January 1, 1997. For the purpose of this part, "agent" means a professional bail bondsman or professional bail bonding agent, including those who are licensed as limited insurance representatives by the department of commerce and insurance pursuant to title 56, chapter 6, part 1 and the regulations of that department.
(b)
Each person acting as a bounty hunter pursuant to §
40-11-318
, including a professional bondsman acting as a bounty hunter, must obtain eight (8) hours of continuing education credits during each twelve-month period beginning on January 1, 2022, and at least five (5) of the eight (8) hours must have a specific focus on bounty hunting.
Amended by 2021 Tenn. Acts, ch. 520, s 3, eff. 5/25/2021.
Acts 1996, ch. 856, § 1; 1997 , ch. 265, §§ 1, 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 4 - CONTINUING EDUCATION FOR PROFESSIONAL BAIL BONDING AGENTS (§§ 40-11-401 — 40-11-406) › Section 40-11-402 - Certificate of compliance

Each agent shall file annually, along with the first semiannual report as described in §
40-11-303
, a certificate of compliance of continuing education with the clerk of the criminal or civil court of each county in which the agent is furnishing bail or bonds securing costs and fines. This certificate shall show in detail the names, locations, dates and hours of each course attended, along with the signature of the agent attesting that all continuing educational requirements have been completed.
Acts 1996, ch. 856, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 4 - CONTINUING EDUCATION FOR PROFESSIONAL BAIL BONDING AGENTS (§§ 40-11-401 — 40-11-406) › Section 40-11-403 - Noncompliance

If an agent does not obtain the required eight (8) continuing education hour credits within each twelve-month period as described in §
40-11-401
, and have the necessary certificate of compliance filed with the clerk of the court by January 15 of each year, the clerk shall, by certified mail, notify the agent that the agent is not in compliance with the continuing education requirements of this part and the number of hours the agent lacks to be in compliance. If the agent has not furnished the clerk with a certificate of compliance with continuing education requirements within sixty (60) days of receiving the notice of noncompliance, the clerk shall notify the judge of the court who shall then suspend the agent from furnishing bail or bonds securing costs and fines, and remove the agent's name from the list of qualified and approved professional bondsmen, as described in §
40-11-124
, until the agent completes the continuing education credits and properly files the required certificate with the court.
Acts 1996, ch. 856, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 4 - CONTINUING EDUCATION FOR PROFESSIONAL BAIL BONDING AGENTS (§§ 40-11-401 — 40-11-406) › Section 40-11-404 - Courses - Certificate of compliance - Fees

(a)
The Tennessee Association of Professional Bail Agents shall provide all continuing education courses, and shall issue certificates of compliance to certify attendance of the agents to the clerks of the courts. The certificates shall be prepared and delivered to all agents who have completed the requirements by December 15 of the year before filing is required. In no event shall a certificate be issued to an agent who has not completed the attendance requirements for that calendar year.
(b)
The Tennessee Association of Professional Bail Agents shall either provide or contract for a minimum of eight (8) hours of in-person continuing education classes to be held on a regular basis in each of the grand divisions and may provide additional classes as necessary. The association may also provide or contract for one (1) or more virtual classes. The association is authorized to subcontract with any of its sub associations for classes. A schedule of these classes must be provided to all agents. The association shall not charge more than four hundred fifty dollars ($450) annually for the eight (8) hours of continuing education, and the cost of any course with less than eight (8) hours must be prorated.
(c)
The fee charged for attending continuing education classes shall not be increased or decreased based upon a person's membership or lack of membership in the Tennessee Association of Professional Bail Agents.
Amended by 2023 Tenn. Acts, ch. 417,s 1, eff. 5/11/2023.
Acts 1996, ch. 856, § 1; 2000, ch. 749, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 4 - CONTINUING EDUCATION FOR PROFESSIONAL BAIL BONDING AGENTS (§§ 40-11-401 — 40-11-406) › Section 40-11-405 - Rights of trial judges - Appeal from nonapproval of bondsman

Nothing in this part shall be construed as altering or infringing upon the right of the trial judge to approve bondsmen who are licensed under this part. An appeal from a trial judge's failure to approve a licensed bondsman shall be taken as provided by law.
Acts 1996, ch. 856, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-101 - Impaneling bystanders

Whenever a sufficient number of the jurors of the original panel fail to attend before the grand jury is formed, the court may impanel the grand jury of so many of the original panel as may attend, and the rest of bystanders. If none of the original panel attend or no jurors have been appointed, the grand jury may consist entirely of bystanders.
Code 1858, §§ 4016, 4017 (deriv. Acts 1817, ch. 130 (131 in Scott's Revisal), § 2); Shan., §§ 5828, 5829; Code 1932, §§ 10022, 10023; T.C.A. (orig. ed.), § 40-1502.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-102 - Persons guilty of conspiracy ineligible

(a)
No person who has been guilty of any offense declared in §
39-12-103
, relating to conspiracy to take human life or to injure persons or destroy property, shall be competent to sit or serve on any grand or traverse jury and it is the duty of the court to carefully exclude all such persons from the juries, both grand and petit.
(b)
When the court is informed, or has reason to suspect, that any person presented as a juror is guilty of any of the offenses listed in subsection (a), it shall call witnesses, if necessary, and examine fully into the truth of the charge.
(c)
The court shall dismiss from the grand jury any person who has been selected and afterwards shown to be implicated in any offense listed in subsection (a).
Acts 1897, ch. 52, § 3; Shan., § 6696a3; Code 1932, § 11070; modified; T.C.A. (orig. ed.), § 40-1504; Acts 1996, ch. 675, § 22.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-103 - Reconvening to consider felony

The judges of the circuit and criminal courts are authorized at any time during the same term of court to reconvene the grand jurors when, during the same term of court and after the jurors have been discharged, a criminal offense which is a felony has been committed in the jurisdiction.
Acts 1899, ch. 324, § 1; Shan., § 5836a1; Code 1932, § 10035; T.C.A. (orig. ed.), § 40-1515.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-104 - Application to testify by person having knowledge of commission of offense

(a)
Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury.
(b)
The person having knowledge or proof shall appear before the foreman. The person may also submit the sworn affidavits of others whose testimony the person wishes to have considered.
(c)
The person shall designate two (2) grand jurors who shall, with the foreman, comprise a panel to determine whether the knowledge warrants investigation by the grand jury. The panel may consult the district attorney general or the court for guidance in making its determination. The majority decision of the panel shall be final and shall be promptly communicated to the person along with reasons for the action taken.
(d)
Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury.
Acts 1978, ch. 727, § 1; modified; T.C.A., § 40-1626; Acts 1995, ch. 213, §§ 1-4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-105 - Notice of grand jury meeting to be posted by court clerk

(a)
The clerk of the court having trial level criminal jurisdiction in each county of this state shall cause to be published, not less than thirty (30) days nor more than forty (40) days before the grand jury meets, the following notice in a newspaper of general circulation in the county:
"It is the duty of your grand jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated, § ____________________. The foreman in this county is presently: [Here list foreman and the foreman's address]
"The grand jury will next meet on ____________________, the ______________ day of ____________________, 20____________________, at ______________. You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question."
(b)
In addition to the other duties required by this section, the clerk shall post a written notice in the form set forth in subsection (a) in a place convenient to the public at the county courthouse.
(c)
Failure by the clerk to perform the duties required by this section is a misdemeanor and grounds for removal from office.
Acts 1978, ch. 727, § 2; 1982, ch. 805, § 1; T.C.A., § 40-1627.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-106 - Prosecution of persons applying to testify not barred - Express immunity

Notwithstanding any contrary provisions of law, no person applying to testify before the grand jury shall be immune from prosecution based upon testimony subsequently given pursuant to the application, except under express grant of immunity by the grand jury.
Acts 1978, ch. 727, § 3; impl. am. Acts 1979, ch. 399, § 1; T.C.A., § 40-1628.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 1 - GENERAL PROVISIONS (§§ 40-12-101 — 40-12-107) › Section 40-12-107 - Supplemental to present law

Sections
40-12-104
- 40-12-106 are intended to supplement existing law relative to the rights, powers and duties involved in the grand jury process. Nothing in this part shall be construed in derogation of existing law, absent plain and irreconcilable conflict with §§
40-12-104
- 40-12-106.
Acts 1978, ch. 727, § 4; T.C.A., § 40-1629.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-202 - Committee review of application

(a)
Upon receipt or the making of an application for an investigative grand jury, the attorney general and reporter shall immediately notify the other members of the committee described in §
40-12-201
.
(b)
The committee shall meet in person as soon as is reasonably possible to consider the application.
(c)
Consent to file the petition must be by unanimous vote of the committee.
(d)
The district attorney general shall be notified in writing of the committee's action on the application.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-203 - Filing of petition

(a)
Upon the receipt of written approval of the committee, the district attorney general may file a written petition with the clerk of the circuit court, or criminal court in counties where the court has been established, for the county where the criminal activity allegedly occurred to convene an investigative grand jury to consider the matters set forth in the petition.
(b)
The petition shall be made upon oath or affirmation and shall contain:
(1)
An allegation that one (1) or more of the offenses described in §
40-12-201
has occurred;
(2)
The basis of the district attorney general's knowledge of the commission of the offenses; and
(3)
Sufficient facts to establish probable cause to believe the crimes specified in the petition have been committed.
(c)
The petition shall also have appended to it the written consent of the committee which approved the filing of the petition.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-204 - Record of filing

(a)
Upon the filing of a petition to convene an investigative grand jury, the clerk shall mark the petition as filed, note the date and time of filing on the petition, and shall record the filing of the petition in records kept for proceedings under this part.
(b)
The clerk shall then immediately forward the petition to the presiding judge of the judicial district.
Acts 1990, ch. 1051, § 1.