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 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-119 - Return of deposit to defendant

If the conditions of the bail bond have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the defendant, unless the court orders otherwise, the entire sum which had been deposited.
Acts 1978, ch. 506, § 19; T.C.A., § 40-1219.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-120 - Forfeiture of defendant's bail deposit

If the defendant released upon recognizance under §
40-11-115
or posting bail bond under §
40-11-118
does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order or forfeiture shall be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty (30) days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court shall enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made in accordance with §
40-11-118
shall be applied to payment of the judgment and costs. Any balance of the judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.
Acts 1978, ch. 506, § 20; T.C.A., § 40-1220.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-121 - Judgment for fine and costs - Deposit applied to payment

If a judgment for fine and court costs, or either, is entered in the prosecution of a cause in which a deposit had been made by defendant, the deposit shall be applied to the payment of the judgment.
Acts 1978, ch. 506, § 21; T.C.A., § 40-1221.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-122 - Bail bond secured by real estate or sureties

In lieu of the bail deposit provided for in §
40-11-118
, any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail bond may be secured by:
(1)
Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or the defendant's surety worth one and one-half (11/2) times the amount of bail set. If the bail bond is secured by real estate, the defendant or the defendant's surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation of the deed of trust and recordation shall be paid by the defendant;
(2)
A written undertaking signed by the defendant and at least two (2) sufficient sureties, and approved by the magistrate or officer. Sureties under this section shall not be professional bondsmen or attorneys; or
(3)
A solvent corporate surety or sureties or a professional bail bondsman as approved, qualified or regulated by §§
40-11-101
- 40-11-144 and part 3 of this chapter. No bond shall be approved unless the surety on the bond appears to be qualified.
Acts 1978, ch. 506, § 22; T.C.A., § 40-1222.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-123 - Sufficiency of sureties - Evidence

(a)
Each of the sureties shall be worth the amount expressed in the undertaking, subject to the execution; but the court, magistrate or officer in taking bail may allow more than two (2) sureties to justify severally in amounts less than that expressed in the undertaking, if the whole qualification is equivalent to two (2) sufficient sureties.
(b)
The district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency, in any manner that the district attorney general, or the court, magistrate or officer may deem proper. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties.
Acts 1978, ch. 506, §§ 23, 24; T.C.A., § 40-1223.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-124 - List of approved and qualified professional bondsmen - Certification required - Rules concerning qualifications

(a)
The clerk, sheriff, municipal courts and other inferior courts shall have available a list of professional bondsmen or other sureties approved and qualified as solvent by the courts of record with criminal jurisdiction within the county. These approved lists shall be provided by the judges of those courts. No undertaking shall be accepted unless the professional bondsman or other surety is so certified as approved.
(b)
In counties having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the rules concerning the qualifications of bail bond companies as established by the criminal court of record shall be applicable in any inferior court in the county. The clerk of any such inferior court shall have the duty and the responsibility to enforce the rules.
Acts 1978, ch. 506, § 37; T.C.A., § 40-1224; Acts 1987, ch. 423, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-125 - Approval of bondsmen withheld, withdrawn or suspended

(a)
In addition to the requirements of part 3 of this chapter regulating professional bondsmen, approval of a professional bondsman or other surety may be withheld, withdrawn or suspended by any court if, after investigation, it appears that a bondsman:
(1)
Has been guilty of violating any of the laws of this state relating to bail bonds;
(2)
Has a final judgment of forfeiture entered against the bondsman which remains unsatisfied;
(3)
Is guilty of professional misconduct as described in §
40-11-126
; or
(4)
If applying for approval as a professional bondsman, has been convicted in any state of the United States of two (2) or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors; provided, however, that the misdemeanor convictions shall have occurred within five (5) years of the date the application for approval is filed.
(b)
Any court withholding, withdrawing or suspending a bondsman or other surety under this section shall notify the bondsman in writing of the action taken, accompanied by a copy of the charges resulting in the court's action. If, within twenty (20) days after notice, the bail bondsman or surety files a written answer denying the charges or setting forth extenuating circumstances, the court shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issues of fact made by the charges and answer. The court shall give notice to the bail bondsman, or to the insurer represented by the bondsman, of the time and place of the hearing. The parties shall have the right to produce witnesses, and to appear personally with or without representation by counsel. If, upon a hearing, the court determines that the bail bondsman is guilty as alleged in the charges, the court shall thereupon withhold, withdraw or suspend the bondsman from the approved list, or suspend the bondsman for a definite period of time to be fixed in the order of suspension.
(c)
The clerk of the court and the sheriff of the county shall be notified of the action of the court and the offending bondsman stricken from the approved list.
(d)
Any applicant for approval whose application has been denied, withheld, suspended or revoked shall have the right of appeal to the next highest court having criminal jurisdiction, and the appeal shall be heard de novo.
Amended by 2013 Tenn. Acts, ch. 169,s 1, eff. 4/16/2013.
Acts 1978, ch. 506, § 38; T.C.A., § 40-1225.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-126 - "Unprofessional conduct" defined for bondsmen and surety agents

In addition to the criminal sanctions elsewhere provided by law, the following is deemed unprofessional conduct and no bondsman or surety agent shall:
(1)
Suggest or advise the employment of or name for employment any particular attorney to represent the bondsman's principal;
(2)
Pay a fee or rebate or give or promise anything of value to any clerk of court, jailer, police officer, peace officer, committing magistrate or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond or the forfeiture of the bail bond;
(3)
Pay a fee or rebate or give anything of value to an attorney in bail bond matters except in defense of any action on a bond;
(4)
Pay a fee or rebate or give or promise anything of value to the principal or anyone in the principal's behalf;
(5)
Participate in the capacity of an attorney at a trial or hearing of one on whose bond the person is a surety;
(6)
Solicit business directly or indirectly, by active or passive means, or engage in any other conduct which may reasonably be construed as intended for the purpose of solicitation of business in any place where prisoners are confined or in any place immediately surrounding where prisoners are confined;
(7)
Surrender a principal or ask any court to be relieved from a bail bond arbitrarily or without good cause;
(8)
Accept anything of value from a principal except the premium; provided, that the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond. When a bail bondsman accepts collateral, the bondsman shall give a written receipt for the collateral, and this receipt shall give in detail a full description of the collateral received and the terms of redemption; or
(9)
Engage in the business of a professional bondsman or surety without maintaining a permanent business office, business telephone and appropriate signage indicating that the office is a professional bail bond business.
Acts 1978, ch. 506, § 39; T.C.A., § 40-1226; Acts 2001, ch. 281, § 1; 2008, ch. 1030, §§ 1, 2; 2009, ch. 239, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-127 - Charges preferred against bondsman

Upon motion, any district attorney general may prefer charges to have a bail bondsman stricken from the approved list pursuant to §
40-11-125
with the same provisions for notice, answer and hearing before the court, and the same right of appeal.
Acts 1978, ch. 506, § 40; T.C.A., § 40-1227.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-128 - Certain persons disqualified as bondsmen

The following persons or classes shall not be bail bondsmen or agents of bail bondsmen or surety companies and shall not directly or indirectly receive any benefits from the execution of any bail bond: jailers, attorneys, police officers, convicted felons, committing magistrates, municipal or magistrate court judges, clerks or deputy clerks, sheriffs, deputy sheriffs and constables, and any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners.
Acts 1978, ch. 506, § 41; T.C.A., § 40-1228.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-129 - Sureties not discharged by irregularities

No sureties are discharged by reason of:
(1)
The want of any of the qualifications required in this part;
(2)
There not being the requisite number of sureties;
(3)
Any other agreement than is expressed in the undertaking;
(4)
Infancy, lunacy or any other incapacity of any of the other parties thereto; or
(5)
The defendant not having joined in the same.
Acts 1978, ch. 506, § 25; T.C.A., § 40-1229.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-131 - Defects in bond no defense

Where a bail bond or recognizance is executed by the accused, it shall be valid and binding on the accused and the accused's sureties for the accused's personal appearance before the court as prescribed by law or, if not payable or conditioned as prescribed by law for the appearance of the accused before the court from term to term of the court, it shall be held as if the bond or recognizance had expressly so stipulated and conditioned on its face, and no defect in the bond or recognizance shall avail the defendant and the accused's sureties upon default to appear.
Acts 1978, ch. 506, § 27; T.C.A., § 40-1231.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-132 - Exoneration of bail bondsman or surety by surrender of defendant

At any time, the bail bondsman or surety may surrender the defendant in their exoneration or the defendant may personally surrender to the officer. Surrender by a bail bondsman or surety shall be for good cause including, but not limited to, the following:
(1)
The defendant has violated the contractual provisions between the defendant and the bondsman;
(2)
The bondsman or surety has good cause to believe the defendant will not appear as ordered by the court having jurisdiction;
(3)
A forfeit, conditional or final, has been rendered against the defendant;
(4)
The defendant has failed to appear in court either as ordered by the court or as commanded by any legal process; or
(5)
The defendant has been arrested while on bond.
Acts 1978, ch. 506, § 28; T.C.A., § 40-1232; Acts 2001, ch. 426, §§ 3, 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-133 - Arrest of defendant by bail bondsman or other authorized person

(a)
For the purposes of §§
40-11-132
,
40-11-203
, and
40-11-204
, the bail bondsman or surety may arrest the defendant on a certified copy of the undertaking, at any place either in or out of the state, or may, by written authority endorsed on the certified copy, authorize another person to make the arrest. In the event that circumstances prevent the obtaining of a certified copy of the undertaking or capias from the clerk's office at the time of the arrest or surrender, a duplicate copy of the same shall suffice until such time that a certified copy can be obtained from the clerk's office.
(b)
After the payment of the forfeiture, the bail bondsman or surety may arrest the defendant on a certified copy of the capias, or may, by a written authority endorsed on the certified copy, authorize another person to make the arrest.
(c)
Any capias issued pursuant to a forfeit, whether the forfeit is conditional or final, shall remain in full force and effect until the defendant is apprehended and returned to the criminal justice system, and a disposition is entered in the defendant's case.
(d)
Any approved bail bondsman in good standing is authorized to return the defendant to the jurisdiction for which the bail bond is obligated for the defendant's appearance; provided, the bail bondsman is liable for the expenses of returning the defendant and the defendant is located within this state.
(e)
A professional bondsman or the agent of a professional bondsman who is arresting a defendant pursuant to this section is prohibited from:
(1)
Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization;
(2)
Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or
(3)
Wearing clothing bearing an identifying title other than "Bail Bondsman".
Amended by 2021 Tenn. Acts, ch. 520, s 4, eff. 5/25/2021.
Acts 1978, ch. 506, § 31; T.C.A., § 40-1233; Acts 1987, ch. 423, § 4; 1991, ch. 347, § 4; 2001, ch. 426, § 1; 2003 , ch. 303, § 1; 2010 , ch. 799, § 1; 2011 , ch. 367, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-134 - Sheriff assisting bail bondsman or surety in arrest

The bail bondsman or surety is also entitled to the aid of the sheriff of any county in this state in making the arrest, within the bounds of the sheriff's county, by producing a certified copy of the bail bond, and, in person or by agent, accompanying the officer to receive the person arrested.
Acts 1978, ch. 506, § 32; T.C.A., § 40-1234.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-135 - Return of bail bond after arrest

The sheriff making the arrest under §
40-11-134
shall return the copy of the bail bond, with an endorsement of the sheriff's action, in the same manner as the sheriff is required to return a capias.
Acts 1978, ch. 506, § 33; T.C.A., § 40-1235.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-136 - Surrender to sheriff

The surrender shall be made to the sheriff of the county in which the defendant is bound to answer for the offense, whether by change of venue or otherwise, and the sheriff is not bound to accept the surrender unless made at the place of holding the court in that county, or at the county jail.
Acts 1978, ch. 506, § 30; T.C.A., § 40-1236; 2006, ch. 745, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-137 - Duty of bail bondsman or surety upon surrendering defendant - Hearing

(a)
Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction authorized to admit to bail, and notify the officer of the surrender.
(b)
(1)
Any court having jurisdiction so notified shall have the defendant brought before it as soon as practicable, and within seventy-two (72) hours, and determine whether or not the surrender was for good cause.
(2)
(A)
If the court having jurisdiction finds that the surrender was arbitrary or not for good cause, it may order the defendant rereleased upon the same undertaking or impose other conditions as provided by law.
(B)
If the surrender is found to be for good cause, the court having jurisdiction shall approve the surrender by endorsement upon the bail bond or by other writing, and it shall be the duty of the surrendering bail bondsman to deliver the written approval or copy of the approval to the sheriff.
(3)
This subsection (b) shall not apply where a surrender is based on a conditional or final judgment of forfeiture issued by the court having jurisdiction over the defendant.
(c)
The court shall fix the amount of premium to be refunded, if any.
Acts 1978, ch. 506, § 29; T.C.A., § 40-1237; Acts 2012 , ch. 685, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-138 - Release of bail bondsmen or sureties from obligations

(a)
If the conditions of the bail bond have been performed and the defendant has been discharged from the defendant's obligations in the cause, the clerk of the court shall return to the bondsman the deposit of any cash. If the bail has been secured by real estate, the clerk of the court shall immediately prepare and forward to the register a written release of the deed of trust on the real estate. The costs of the release shall be paid by the defendant.
(b)
(1)
A bail bondsman or surety shall be released from an obligation under a bail bond if the charge against the surety's principal is disposed of by acquittal, agreement with the state, whether diversion or otherwise, or retirement.
(2)
(A)
If the charge is disposed of by conviction or a plea of guilty, the bond shall remain in effect until the court renders the defendant's sentence.
(B)
After conviction or a plea of guilty, and before the court renders the defendant's sentence, the bond shall not be forfeited against a surety, shall not be included in the calculation of a professional bondsman's capacity or solvency, or otherwise negatively impact the surety.
(c)
If after the bond has been active and in effect for three (3) years and the state has failed to seek an original indictment before a grand jury against the defendant covered by the bond, the bond shall not be forfeited against the surety and shall not be included in the calculation of a professional bondsman's capacity, solvency, or otherwise negatively impact the surety involved.
Amended by 2017 Tenn. Acts, ch. 262,s 1, eff. 5/2/2017.
Amended by 2014 Tenn. Acts, ch. 922,s 1, eff. 5/16/2014.
Amended by 2013 Tenn. Acts, ch. 388,s 2, eff. 5/6/2013.
Acts 1978, ch. 506, § 34; T.C.A., § 40-1238; Acts 1988, ch. 877, § 1; 1989, ch. 109, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-139 - Forfeiture of bail security - Notice to defendant and sureties - List or database of fugitives

(a)
If the defendant whose release is secured under §
40-11-122
does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order of forfeiture shall be immediately sent by regular mail by the clerk of the court to the defendant at the defendant's last known address. The defendant's surety will be served with scire facias upon the forfeiture entered and a capias shall be issued for the defendant. When the defendant, who failed to appear pursuant to conditions of a bail bond, is arrested on a capias, the surety on the defendant's forfeited bond is released.
(b)
After the expiration of one hundred eighty (180) days from the date surety is served with scire facias or scire facias is returned to the clerk unserved or undelivered, the court may enter judgment for the state against the defendant and the defendant's sureties for the amount of the bail and costs of the proceedings.
(c)
No execution shall issue upon a final forfeit, nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry.
(d)
If a court issues a bench warrant due to a defendant's failure to appear on a felony or on a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or if a defendant is charged with a failure to appear, then the defendant shall be placed on any available state or federal list or database as a fugitive from justice, without limitation, within ten (10) business days of the defendant's failure to appear. A surety is not liable for any undertaking if the defendant has not been placed on such a database within the time required by law.
(e)
The surety is only responsible for costs in accordance with §
40-11-201
.
Amended by 2024 Tenn. Acts, ch. 1048,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 260, s 1, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 105, s 1, eff. 4/11/2019.
Amended by 2016 Tenn. Acts, ch. 963, s 1, eff. 4/27/2016.
Amended by 2013 Tenn. Acts, ch. 388, s 1, eff. 5/6/2013.
Acts 1978, ch. 506, § 35; 1979, ch. 160, § 1; T.C.A., § 40-1239; Acts 1997 , ch. 504, § 2; 2011 , ch. 367, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-140 - Execution on judgment

(a)
(1)
If judgment is entered in favor of the state on any bail bond, the district attorney general shall have execution issued on the judgment and delivered immediately to the sheriff to be executed by levy on the cash deposited with the clerk of the court or on the real estate described in the deed of trust.
(2)
The cash shall be used to satisfy the judgment and costs.
(3)
The real estate shall be sold in the same manner as in execution sales in civil actions and the proceeds of the sale shall be used to satisfy the judgment, all court costs and prior encumbrances, if any.
(4)
The balance shall be returned to the grantor of the deed of trust.
(b)
The real estate so sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions.
(c)
A bond forfeiture shall be collected within the earlier of either five (5) years from the date the defendant failed to appear or the date of last activity in the case, after which time collection from the surety shall be forever barred.
Amended by 2015 Tenn. Acts, ch. 517,s 2, eff. 5/20/2015.
Acts 1978, ch. 506, § 36; T.C.A., § 40-1240; Acts 2004, ch. 753, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-141 - Release during trial - Revocation

(a)
A defendant released before trial shall continue on release during trial or release pending trial under the same terms and conditions as were previously imposed, unless the court determines pursuant to §
40-11-137
or §
40-11-144
that other terms and conditions or termination of release are necessary to assure the defendant's presence during trial, or to assure that the defendant's conduct will not obstruct the orderly and expeditious progress of the trial.
(b)
If after the defendant is released upon personal recognizance, an unsecured personal appearance bond, or any other bond approved by the court, the defendant violates a condition of release, is charged with an offense committed during the defendant's release, or engages in conduct which results in the obstruction of the orderly and expeditious progress of the trial or other proceedings, then the court may revoke and terminate the defendant's bond and order the defendant held without bail pending trial or without release during trial.
Acts 1978, ch. 506, § 42; T.C.A., § 40-1241; Acts 2011 , ch. 57, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-142

(a)
After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, due diligence must be exercised in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person's law enforcement file.
(b)
Using due diligence to determine a person's criminal history means making use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to §
40-6-203
, and other official records regarding the person's prior criminal and arrest history.
Amended by 2024 Tenn. Acts, ch. 1048,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1048,s 2, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 260, s 2, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 1075, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-143 - Change in bail or conditions of release

A motion for a change in bail or other conditions of release shall be by written motion, served upon opposing counsel or upon the defendant personally if the defendant is not represented by counsel, within a time reasonable under the circumstances before the hearing on the motion. In granting or denying a motion for a change in bail or other conditions of release, the court shall set forth in writing the reasons for its action.
Acts 1978, ch. 506, § 44; T.C.A., § 40-1243.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-144 - Review of release decision

(a)
The actions by a trial court from which an appeal lies to the supreme court or court of criminal appeals in granting, denying, setting or altering conditions of the defendant's release shall be reviewable in the manner provided in the Tennessee Rules of Appellate Procedure.
(b)
If the action to be reviewed is that of a court from which an appeal lies to a court inferior to the supreme court or court of criminal appeals, review shall be sought in the next higher court upon writ of certiorari.
Acts 1978, ch. 506, § 45; 1981, ch. 449, § 2; T.C.A., § 40-1244.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-145 - "Guaranteed arrest or bail bond certificate" defined

As used in this section and §
40-11-146
, "guaranteed arrest or bail bond certificate" means a printed card or other certificate issued by an association to any of its members, which is signed by the member and contains a printed statement that the association and the surety company are both licensed to do business in this state and that the guaranteed arrest or bail bond certificate is issued pursuant to the terms of this section and §
40-11-146
, and:
(1)
The bond guarantees the appearance of the person whose signature appears on the card or certificate; and
(2)
That the surety company will, in the event of the failure of the person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon the person in an amount not to exceed one thousand dollars ($1,000).
Acts 1967, ch. 292, § 1; T.C.A., §§ 40-1241, 40-1245; Acts 1984, ch. 620, § 1; 1992, ch. 688, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-146 - Guaranteed arrest or bail bond certificate in lieu of cash bail

A guaranteed arrest or bail bond certificate presented by the person whose signature appears thereon shall be accepted in lieu of cash bail in an amount not to exceed five thousand dollars ($5,000) as an arrest or bail bond to guarantee the appearance of the person in any court in this state, at the time required by the court, when the person is arrested for violation of any traffic law of the state or traffic ordinance of any municipality therein relating to the operation of a motor vehicle. The guaranteed arrest or bail bond certificate shall be subject to all of the limitations appearing on its face; but, when accepted, shall be subject to the same forfeiture and enforcement provision as a bail bond or cash bond. However, the violation must have been committed prior to the expiration date shown on the guaranteed arrest or bail bond certificate.
Acts 1967, ch. 292, § 2; T.C.A., §§ 40-1242, 40-1246; Acts 1984, ch. 620, § 2; 1992, ch. 688, § 2; 1995, ch. 270, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-147 - Admission to bail after arrest in one county upon a warrant issued in another county

A defendant arrested in one county on a warrant issued in another county for the commission of an offense for which the maximum punishment is imprisonment for ten (10) years or less is entitled to be admitted to bail in the county of arrest by the same officials and in the same manner as if arrested in the county issuing the warrant, subject to the following provisions:
(1)
The appropriate clerk or magistrate shall fix the amount of bail to be required and shall set the amount forth on the face of the warrant; and
(2)
The sheriff of the county in which the arrest is made, or the sheriff's deputy, shall transmit the undertaking of bail to the sheriff of the county from which the warrant issued, who shall return it to the court as provided in §
40-11-106
.
Acts 1978, ch. 866, § 1; T.C.A., § 40-1247.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-148 - Bail for defendant charged with commission of crime while free on bail

(a)
If a defendant has been released pursuant to §
40-11-115
or §
40-11-116
, or has been admitted to and released on bail for a criminal offense, whether prior to or during trial or pending appeal, and the defendant is charged with the commission of one (1) or more bailable offenses while released, then the defendant shall only be released pursuant to §
40-11-118
or §
40-11-122
, and the magistrate or judge shall set the defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged.
(b)
(1)
When the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with driving under the influence of an intoxicant under §
55-10-401
, vehicular assault under §
39-13-106
, aggravated vehicular assault under §
39-13-115
, vehicular homicide under §
39-13-213(a)(2)
, or aggravated vehicular homicide under §
39-13-218
, the court shall consider the use of special conditions for such defendant, including, but not limited to, the conditions set out in subdivision (b)(2), if the offense for which bail is being set was committed while the defendant was released on bail for a prior charge of violating any offense listed in this subdivision (b)(1).
(2)
The special conditions the court shall consider pursuant to subdivision (b)(1) are:
(A)
[Deleted by 2022 amendment.]
(B)
The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in §
55-10-419
;
(C)
The use of electronic monitoring with random alcohol or drug testing; or
(D)
Pretrial residency in an in-patient alcohol or drug rehabilitation center.
(3)
As used in this subsection (b), "court" includes any person authorized by §
40-11-106
to take bail.
(c)
If a defendant charged with a Class A, B, C, or D felony has been arrested pursuant to a warrant issued under § 40-11-112(b) for failure to comply with the conditions of release, then the defendant shall only be released by a criminal or circuit court judge.
Amended by 2024 Tenn. Acts, ch. 1055,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 362, s 3, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1134, s 3, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 993, s 11, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 876, s 5, eff. 7/1/2016.
Acts 1981, ch. 351, § 1; T.C.A., § 40-1248; Acts 2010 , ch. 867, § 2; 2011 , ch. 487, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-149 - Attorney not permitted to sign bond in criminal case

(a)
It is an offense for an attorney practicing in any of the courts of this state to sign any bond, or enter into any recognizance, as surety for the appearance of any person, other than a member of the attorney's immediate family, in any criminal case pending against the person in any of the courts in this state.
(b)
A violation of subsection (a) is a Class C misdemeanor with no incarceration permitted.
Acts 1989, ch. 591, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-151 - Notice to person employing bail bondsman

Any person utilizing the services of a professional bail bondsman or bonding agent shall receive a copy of the following notice with the person's bail bond. No changes may be made in the substance of the notice; but minor printing adjustments may be made. The notice may be printed on the face, back or as a separate attachment to the bond.
NOTICEIF YOU USE A PROFESSIONAL BONDSMAN:
Amount of Charges to You.
The premium fee for your bond should not be more than ten percent (10%) of the face amount of your bond. For example, if your bond is $2,500, the premium on the bond should not be more than $250. In addition to this amount, the law also permits a one-time $25 initiation fee, (T.C.A. §
40-11-316
).
Insist on a Receipt.
The law, (T.C.A. §
40-11-304
), requires a bail bondsman to keep a duplicate receipt. The receipt must show the name of the person paying money or pledging property, the name of the person for whom it was paid, the account or purpose for which it is received, and the suit, action or matter in which the money is paid.
Collateral That Can Be Required.
If a bondsman insists on collateral in addition to the ten percent (10%) premium fee, you may wish to talk to another bondsman. However, a bondsman may accept collateral, and if the bondsman accepts collateral, the bondsman must give you a written receipt for the collateral, and the receipt shall give in detail a full description of the collateral received and the terms of redemption as required by T.C.A. §
40-11-126(8)
.
A BONDSMAN MAY NOT LOCK YOU BACK UP OR SURRENDER YOU ARBITRARILY OR WITHOUT GOOD CAUSE. GOOD CAUSE MAY INCLUDE YOUR FAILURE TO PERFORM YOUR OBLIGATIONS UNDER THE CONTRACT YOU HAVE WITH YOUR BONDSMAN (T.C.A. §
40-11-126(7)
& §
40-11-132
).
Acts 1997 , ch. 245, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-153 - Release within twelve hours of the time of arrest prohibited for certain offenses - Exceptions - Requirements

(a)
Any defendant arrested for the offense of unauthorized camping on state property, as defined in §
39-14-414
; vandalism, as described in §
39-14-408(b)(1)
; rioting, as defined in §
39-17-302
; aggravated rioting, as defined in §
39-17-303
; inciting to riot, as defined in §
39-17-304
; disrupting a meeting or procession, as described in §
39-17-306
; or obstructing a highway, as described in §
39-17-307(a)(1)
shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the defendant may, however, release the defendant in less than twelve (12) hours if the official finds that the defendant is not likely to immediately resume the criminal behavior based on the circumstances of the arrest and the defendant's prior criminal history, if any.
(b)
The findings of the magistrate or other official duly authorized to release the defendant must be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this section.
Added by 2020EX2 Tenn. Acts, ch. 3, s 21, eff. 8/20/2020.
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 40-11-201 - Conditional judgment on failure to appear

(a)
If the defendant who gives bail or makes a cash deposit as provided in part 1 of this chapter does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties, or against the defendant alone, in case of a deposit, or the court may grant an extension.
(b)
No forfeiture or conditional forfeiture of any appearance or bail bond shall be rendered in any case where a statement of a licensed physician is furnished to the court showing that the principal in the bond is prevented from attending by some mental or physical disability, or where evidence of the defendant's incarceration is furnished to the court.
(c)
The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority. On the filing of a detainer, the bondsman and sureties shall remain liable for the expenses of returning the principal to this jurisdiction for trial when the principal is released by the detaining authority. If the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer, the surety shall not be liable in the undertaking. It shall be the duty of the bondsman or surety to present to the presiding court, in a timely manner, all appropriate documentation evidencing that the detainer was properly filed or refused, or that the detaining authority released the principal notwithstanding the filing of the detainer. The liability of any bondsman or surety shall not exceed the amount of the bail bond. After trial, however, if it is necessary to return the principal to the detaining authority in another jurisdiction, all expenses incurred in the return shall be paid by the state of Tennessee. As used in this subsection (c), "detainer" includes any means of requesting a defendant be returned to this jurisdiction, including, but not limited to, a detainer, habeas corpus, or extradition.
Amended by 2017 Tenn. Acts, ch. 100,s 1, eff. 4/4/2017.
Amended by 2015 Tenn. Acts, ch. 517,s 1, eff. 5/20/2015.
Code 1858, § 5177; Shan., § 7141; Code 1932, § 11688; modified; Acts 1967, ch. 333, § 1; 1977, ch. 370, § 1; T.C.A. (orig. ed.), § 40-1301; Acts 1988, ch. 579, § 1; 2007, ch. 255, §§ 1, 2; 2008, ch. 1131, § 1; 2010, ch. 866, § 1.
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 40-11-202 - Scire facias

A scire facias shall issue to notify the defendant and the defendant's sureties to show cause why the judgment shall not be made final.
Code 1858, § 5178; Shan., § 7142; Code 1932, § 11689; T.C.A. (orig. ed.), § 40-1302.
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 40-11-203 - Exoneration by surrender of defendant

(a)
After the liability of the bail bondsman or surety has become fixed by forfeiture, and before payment, the bail bondsman or surety may be exonerated from the liability by the surrender of the defendant and the payment of all costs; but may be exonerated from costs also if, in the opinion of the court, the bail bondsman or surety has been in no fault.
(b)
It is left to the sound discretion of the court whether the bail bondsman or surety shall be relieved from the liability of bail to any and to what extent.
Code 1858, §§ 5180, 5181 (deriv. Acts 1811, ch. 2); Shan., §§ 7144, 7145; Code 1932, §§ 11693, 11694; T.C.A. (orig. ed.), § 40-1303.
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 40-11-204 - Relief on forfeited recognizances

(a)
(1)
Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress.
(2)
Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
(b)
In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the clerk's commission authorized by this section shall be ten percent (10%) of the forfeiture or one thousand dollars ($1,000), whichever is less.
Code 1858, §§ 5182, 5183 (deriv. Acts 1788, ch. 32, § 2); Acts 1915, ch. 29, § 1; Shan., §§ 7146, 7147; Code 1932, §§ 11695, 11696; Acts 1974, ch. 599, § 1; T.C.A. (orig. ed.), § 40-1304; Acts 1987, ch. 423, § 5; 1993, ch. 96, § 1; 1995, ch. 456, § 7; 1997, ch. 386, § 1.
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 40-11-205 - Refund of forfeiture payments on reversal

Money paid into the treasury by virtue of a judgment of the circuit or criminal court upon a forfeited recognizance shall be refunded to the party paying the same, upon the reversal of the judgment by the supreme court, on appeal or writ of error duly prosecuted. The commissioner of finance and administration shall give the party a warrant for the money upon the production of a certified copy of the judgment of reversal.
Code 1858, § 5184 (deriv. Acts 1835-1836, ch. 70); Shan., § 7148; Code 1932, § 11697; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-1305.