reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-114 - Guilt or innocence not inquired into

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Acts 1951, ch. 240, § 20 (Williams, § 11935.20); T.C.A. (orig. ed.), § 40-1014.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-115 - Demand for person held on charge of crime in Tennessee

If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor, at the governor's discretion, either may surrender the person on the demand of the executive authority of another state, or may hold the person until the person has been tried and discharged, or convicted and punished in this state.
Acts 1951, ch. 240, § 19 (Williams, § 11935.19); T.C.A. (orig. ed.), § 40-1015.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-116 - Issuance of warrant of arrest

If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the governor may think fit to entrust with the execution of the arrest warrant. The warrant must substantially recite the facts necessary to the validity of its issuance.
Acts 1951, ch. 240, § 7 (Williams, § 11935.7); T.C.A. (orig. ed.), § 40-1016.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-117 - Recall or reissuance of warrant

The governor may recall the governor's warrant of arrest, or may issue another warrant whenever the governor deems proper.
Acts 1951, ch. 240, § 21 (Williams, § 11935.21); T.C.A. (orig. ed.), § 40-1017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-118 - Authority given by governor's warrant

(a)
The warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused, subject to this chapter, to the duly authorized agent of the demanding state.
(b)
Whether the prisoner or fugitive so charged is bound to appear before any court, committed to jail or discharged, any person authorized by the warrant of the governor of this state may at any time take the accused person or fugitive into custody, and the apprehension shall immediately be a discharge of the bond or other proceeding, if there is one pending in any court of this state.
(c)
Every officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance in the arrest, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the same penalties against those who refuse their assistance.
Acts 1951, ch. 240, §§ 8, 9 (Williams, §§11935.8, 11935.9); 1965, ch. 238, § 2; T.C.A. (orig. ed.), §§ 40-1018, 40-1019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-119 - Information to person arrested - Habeas corpus

No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel. If the prisoner, the prisoner's friends or counsel shall state that the person or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Acts 1951, ch. 240, § 10 (Williams, § 11935.10); T.C.A. (orig. ed.), § 40-1020.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-120 - Confinement of prisoner en route

The officer or person executing the governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pass. The keeper of the county or city jail must receive and safely keep the prisoner until the person having charge of the prisoner is ready to proceed on the person's route, that person being chargeable with the expense of keeping.
Acts 1951, ch. 240, § 12 (Williams, § 11935.12); T.C.A. (orig. ed.), § 40-1022.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-121 - Demand for fugitive from Tennessee

(a)
The governor of this state may demand of the executive authority of any other state or territory, any fugitive from justice, or other person charged with treason, felony or other crime in this state and may appoint an agent to demand and receive the person and return the person to this state.
(b)
When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in another state or territory, or the District of Columbia, the governor of this state may agree with the executive authority of the other state or territory for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the other state or territory, or the District of Columbia, upon condition that the person be returned to the other state or territory at the expense of this state as soon as the prosecution in this state is terminated.
(c)
The governor of this state may also surrender on demand of the executive authority of any other state or territory, any person in this state who is charged in the manner provided in this chapter with having violated the laws of the state or territory whose executive authority is making the demand, even though the person left the demanding state involuntarily.
Code 1858, §§ 185, 5340 (deriv. Acts 1847-1848, ch. 121); Shan., §§ 235, 7318; Code 1932, §§ 177, 11920; mod. C. Supp. 1950, § 11924.1; Acts 1967, ch. 270, § 1; 1968, ch. 618, § 1; T.C.A. (orig. ed.), § 40-1023.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-122 - Warrant to agent to return prisoner

Whenever the governor of this state demands a person charged with a crime in this state from the chief executive of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.
Acts 1951, ch. 240, § 22 (Williams, § 11935.22); T.C.A. (orig. ed.), § 40-1024.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-123 - Application for requisition of person charged with crime

When the return to this state of a person charged with a crime in this state is required, the district attorney general, for the county in which the offense is committed, shall present to the governor written application for a requisition for the return of the person charged. The application shall state the name of the person so charged; the crime charged against the person; the approximate time, place and circumstances of its committal; and the state in which the accused is believed to be, including the location of the accused therein at the time the application is made. The application shall also certify that in the opinion of the district attorney general the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
Acts 1951, ch. 240, § 23 (Williams, § 11935.23); modified; T.C.A. (orig. ed.), § 40-1025.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-124 - Application for requisition of escapee, bail jumper, parole violator, probationer, or community corrections violator

When the return to this state is required for a person who has been convicted of a felony in this state and has escaped from confinement, broken the terms of the person's bail, court-ordered probation, probation pursuant to §
40-35-501(a)(3)
, or has escaped from or broken the terms of a sentence to any community based alternative to incarceration pursuant to chapter 36 of this title, the district attorney general for the county in which the offense was committed, the director of probation and parole, or the warden of the institution or sheriff of the county from which the escape was made, shall present to the governor a written application for a requisition for the return of the escaped person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person's escape from confinement or placement in the community-based alternative to incarceration, or of the breach of the terms of the person's bail, any form of probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made. In the case of an application for requisition for escape from, or a breach in the terms of a sentence to, a community based alternative to incarceration, only the district attorney general for the county in which the original offense was committed or the county in which the escape occurred shall have the authority to file the application with the governor.
C. Supp. 1950, § 11924.2; modified; T.C.A. (orig. ed.), §40-1026; Acts 1991, ch. 241, §1; 2012 , ch. 727, § 9.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-125 - Form and contents of application

(a)
The application shall be verified by affidavit, shall be executed in triplicate and shall be accompanied by three (3) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged.
(b)
The prosecuting officer may also attach any other affidavits and other documents in triplicate as the officer deems proper to be submitted with the application.
(c)
One (1) copy of the application with the action of the governor indicated by endorsement thereof, and one (1) of the certified copies of the indictment or complaint or information and affidavit, shall be filed in the office of the secretary of state to remain of record in that office.
(d)
The other two (2) copies of all papers shall be forwarded with the governor's requisition.
Acts 1951, ch. 240, § 23 (Williams, § 11935.23); 1968, ch. 618, §2; T.C.A. (orig. ed.), § 40-1027.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-128 - Trial for crimes not specified in requisition

After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here, as well as that specified in the requisition for the person's extradition.
Acts 1951, ch. 240, § 24 (Williams, § 11935.24); T.C.A. (orig. ed.), § 40-1033.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-129 - Construction of chapter

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1951, ch. 240, § 25 (Williams, § 11935.25); T.C.A. (orig. ed.), § 40-1034.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-130 - Waiver

(a)
Nothing in this chapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try a demanded person for a crime committed within this state, or of its right, power or privilege to regain custody of a person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
(b)
In the event that the return of a person imprisoned or held under criminal proceedings pending against the person in this state, is requested by another state or territory, by a demand made upon the governor of this state by the executive authority of the other state or territory in the manner provided in this chapter, the governor of this state may, without waiving the rights, power, privileges or jurisdiction of this state in any way, enter into an agreement with the executive authority of the other state or territory for the extradition of the person to the other state or territory, before the conclusion of such proceedings or the person's term of sentence in this state, with or without the condition that at a time agreed upon by the governor of this state and the executive authority of the other state or territory, the person returned to the other state or territory shall be returned to this state. This agreement shall provide that the expense of returning a person to the other state or territory and of returning a person from the other state or territory to this state, if applicable, shall be paid by the other state or territory.
(c)
Any waiver of extradition from this state to another state or territory for the purposes of trial, sentence or punishment in the other state or territory, made by a person imprisoned or held under criminal proceedings pending against the person in this state, shall include a waiver of extradition for the return of a person to this state from the other state or territory for trial, sentence or punishment in this state on the charges against the person at the time of the execution of this waiver, at any time agreed upon by the governor of this state and executive authority of the other state or territory, at the time of this waiver or any later time.
Acts 1968, ch. 618, § 3; T.C.A., § 40-1035.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-101 - Notice of charge and right to counsel

When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's right to aid of counsel in every stage of the proceedings.
Code 1858, §5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-102 - Time allowed to procure counsel

The magistrate shall allow the defendant a reasonable time to send for counsel, and, if necessary, shall adjourn the examination for that purpose.
Code 1858, §5049; Shan., § 7009; Code 1932, § 11548; T.C.A. (orig. ed.), § 40-1102.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-103 - Separation and exclusion of witnesses

The magistrate may make any orders on the examination, in reference to keeping the witnesses separate and apart, or excluding the witnesses during the examination of other witnesses or of the defendant, that the magistrate may think best for the attainment of justice, and shall, on demand of either party, put all witnesses under the rule.
Code 1858, §5061; Shan., § 7020; Code 1932, § 11559; T.C.A. (orig. ed.), § 40-1114.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-104 - Bail

If the defendant is committed to jail for a bailable offense, the magistrate shall endorse on the commitment the amount of the bail required, and sign the endorsement. The sheriff of the county to which the defendant is committed may discharge the defendant, upon the defendant giving sufficient bail in the sum required, and make immediate return to the court to which the defendant is bound to appear of the bail bond or undertaking.
Code 1858, §5066; Shan., § 7025; Code 1932, § 11565; T.C.A. (orig. ed.), § 40-1119.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-105 - Election by prisoner to perform hard labor

(a)
The defendant, if charged with a misdemeanor and ordered to be committed to the county jail, may elect to perform hard labor for the county pending trial.
(b)
It is the duty of the magistrate committing the defendant to inform the defendant of the right to make an election for hard labor, and of the advantages accruing by that election; and if the defendant so elects, the magistrate shall make an order allowing the defendant to do so and shall certify that election to the court at which the defendant is required to appear.
(c)
It is the duty of the sheriff to carry every person in the sheriff's custody charged with a misdemeanor before the judge of the court of general sessions within twenty-four (24) hours after receiving the person into custody. It is the duty of the judge to inform the prisoner of the prisoner's right to make an election for hard labor and of the advantages accruing to the prisoner by that election; and if the prisoner elects to perform hard labor, the judge shall make an order allowing the prisoner to do so and shall certify that election to the court at which the prisoner is required to appear. If the prisoner is convicted when tried, it is the duty of the court in determining punishment to take into consideration the amount of labor performed by the defendant; and if the defendant is acquitted, the net amount so earned by the defendant under the election to perform hard labor shall be delivered to the defendant by the county trustee, who shall take the defendant's receipt therefor, which shall be the defendant's voucher.
(d)
This section shall apply only to counties as may, by a majority vote of the county legislative bodies at a regular or special session, elect to avail themselves of the right to the labor of a defendant.
(e)
The earnings of a defendant under this section shall be the same as that of a misdemeanant inmate and shall be paid to the county trustee and held by the trustee until the final disposition of the prosecution. If the defendant is convicted, it shall be applied by the trustee as the hire of convicts is applied.
Code 1932, § 11564; impl. am. Acts 1978, ch. 934, §§7, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1120.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-106 - Reports on elections to perform hard labor

(a)
It is the duty of such magistrate to render to the grand jury of the county on the first day of each jury session of the court, a statement in writing and under oath, of the name of each defendant charged with a misdemeanor committed to the county jail by the magistrate, the date of conviction, and whether or not the magistrate gave the defendant the information required by §
40-10-105
.
(b)
It is the duty of the sheriff to render to the grand jury of the sheriff's county, on the first day of each jury session of the court, a statement in writing and under oath, of the name of every person charged with a misdemeanor coming into the sheriff's custody since the sheriff's last preceding statement, when the sheriff received the defendant, and when the sheriff carried the defendant before the judge of the court of general sessions, as provided in §
40-10-105
.
(c)
It is the duty of the judge of the court of general sessions to render to the grand jury of the county on the first day of each jury session of the circuit or criminal court, a statement in writing and under oath, of the name of each defendant brought before the judge by the sheriff under §
40-10-105
, of the date when the defendant was so brought before the judge, and whether or not the judge gave the defendant the information required by §
40-10-105
.
Code 1932, § 11564; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1121.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-107 - Bond of witnesses

On holding the defendant to answer, the magistrate shall take from each material witness examined by the magistrate on the part of the state a written undertaking, in the sum of two hundred fifty dollars ($250), to appear and testify, at the court at which the defendant is required to answer, on the second day of the term.
Code 1858, §5067; Shan., § 7026; Code 1932, § 11566; T.C.A. (orig. ed.), § 40-1122.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-108 - Form of bond

The undertaking entered into pursuant to §
40-10-107
may be in substance as follows:
State of Tennessee,
County of ______________
We, A. B., C. D., and E. F., witnesses against G. H., charged with a public offense, do each bind ourselves to appear at the next term of the (circuit) court of ______________ County, on the second day of the term, to give evidence against G. H., and, in case of failure, to pay the state of Tennessee two hundred fifty dollars ($250).
This ______________ day of ______________, 20____________________.
______________A. B.,
______________C.D.,
______________E.F.
Code 1858, §5068; Shan., § 7027; Code 1932, § 11567; T.C.A. (orig. ed.), § 40-1123.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-109 - Increase of bond - Surety

Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security.
Code 1858, §5069; Shan., § 7028; Code 1932, § 11568; T.C.A. (orig. ed.), § 40-1124.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-110 - Minors as witnesses

Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and testify.
Code 1858, §5070; Shan., § 7029; Code 1932, § 11569; T.C.A. (orig. ed.), §40-1125; Acts 1984, ch. 515, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-111 - Commitment of witnesses

Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail.
Code 1858, §5071; Shan., § 7030; Code 1932, § 11570; T.C.A. (orig. ed.), § 40-1126.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-112 - Bail of witnesses

In case of commitment pursuant to §
40-10-111
, the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required.
Code 1858, §5072; Shan., § 7031; Code 1932, § 11571; T.C.A. (orig. ed.), § 40-1127.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-113 - Magistrates acting in association

Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them.
Code 1858, §5075; Shan., § 7034; Code 1932, § 11574; T.C.A. (orig. ed.), § 40-1130.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 10 - PRELIMINARY EXAMINATION (§§ 40-10-101 — 40-10-114) › Section 40-10-114 - Waiver of preliminary hearing - Objection by state

The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant's request for waiver.
Added by 2015 Tenn. Acts, ch. 329, s 1, eff. 7/1/2015.
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-NEW - [Newly enacted section not yet numbered]

(a)
It is an offense to knowingly violate a condition of release imposed pursuant to this part.
(b)
A violation of subsection (a) is a Class A misdemeanor.
(c)
A defendant shall not be convicted of both a violation of this section and a violation of § 39-13-113(i) if the facts supporting the prosecution arise out of the same criminal conduct.
(d)
A person who violates subsection (a) may be arrested with or without a warrant as provided in § 40-7-103(b).
Added by 2024 Tenn. Acts, ch. 942,s 1, eff. 7/1/2024.
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 40-11-101 - Short title

Sections
40-11-101
- 40-11-144 shall be known as and may be cited as the "Release from Custody and Bail Reform Act of 1978."
Acts 1978, ch. 506, § 1; T.C.A., § 40-1201.
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 40-11-102 - Bailable offenses

Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great. After conviction, defendants are bailable as provided by §
40-11-113
, §
40-11-143
or both.
Acts 1978, ch. 506, § 2; T.C.A., § 40-1202.
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 40-11-103 - Methods of release

(a)
Sections
40-11-101
- 40-11-144 shall be supplemental to the laws providing for and regulating professional bail bondsmen, who may continue to secure the bail bonds provided for in §§
40-11-101
- 40-11-144, but only as provided for in §
40-11-122
, and consistently with all other laws and regulations pertaining to those laws.
(b)
Nothing in §§
40-11-101
- 40-11-144 shall prevent the release of a person charged with a traffic violation under the terms and conditions of §§
40-11-145
and
40-11-146
.
Acts 1978, ch. 506, § 3; T.C.A., § 40-1203.
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 40-11-104 - Authority to release defendants

(a)
Any magistrate may release the defendant on the defendant's own recognizance pursuant to §
40-11-115
or §
40-11-116
or admit the defendant to bail pursuant to §
40-11-117
or §
40-11-122
at any time prior to or at the time the defendant is bound over to the grand jury. The trial court may release the defendant on the defendant's own recognizance pursuant to §
40-11-115
, admit the defendant to bail under §
40-11-116
, §
40-11-117
or §
40-11-122
, or alter bail or other conditions of release pursuant to §
40-11-144
at any time prior to conviction or thereafter, except where contrary to law.
(b)
When a defendant has been released to appear as directed by the officer setting bail, and such defendant fails to appear as ordered, any new bail set shall be posted only pursuant to §
40-11-118
or §
40-11-122
.
Acts 1978, ch. 506, § 4; T.C.A., § 40-1204; Acts 2012, ch. 994, § 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 40-11-105 - Right to bail - Bail by clerk - Maximum amounts

(a)
(1)
When the defendant has been arrested or held to answer for any bailable offense, the defendant is entitled to be admitted to bail by the committing magistrate, by any judge of the circuit or criminal court, or by the clerk of any circuit or criminal court; provided, that if admitted to bail by the clerk of any circuit or criminal court, the defendant has a right to petition the judge of the circuit or criminal court if the defendant feels that the bail set is excessive, and shall be given notice of this fact by the clerk.
(2)
The clerk of any circuit or criminal court may only admit the defendant to bail when the judge is not present in the court and the clerk reasonably believes that the judge will not be present within three (3) hours after the defendant has been committed to the county or city jail, following arrest.
(b)
Except as provided in subsection (c), in no event may a clerk set the amount of bail in excess of:
(1)
One thousand dollars ($1,000) if the defendant is charged with a misdemeanor;
(2)
Ten thousand dollars ($10,000) if the defendant is charged with a felony that does not involve a crime committed against a person;
(3)
Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves a crime committed against a person; or
(4)
One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide.
(c)
A clerk may set the amount of bail in excess of the listed amounts in subsection (b) if the defendant is deemed a risk of flight pursuant to §
40-11-118
.
Acts 1978, ch. 506, § 5; T.C.A., § 40-1205; Acts 2012 , ch. 1011, §§ 2, 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 40-11-106 - Authority to take bail - Appeal

(a)
If bail has been set, any sheriff, any magistrate or other officer having authority to admit to bail in the county where the defendant is arrested, confined or legally surrendered may take bail in accordance with the provisions of §§
40-11-101
- 40-11-144 and release the defendant to appear as directed by the officer setting bail. The sheriff or peace officer shall give a numbered receipt to the defendant to mandate an accounting for the bail so taken and within a reasonable time deposit the bail with the clerk of the court having jurisdiction of the offense.
(b)
(1)
Under this part, it is the responsibility of the sheriff or judicial commissioner to determine the sufficiency of the surety and validity of any bond, and once a sheriff or judicial commissioner has taken bail under this subsection (b), that action shall be presumed to be valid. Once a sheriff or judicial commissioner has taken bail or refused to take bail, the jurisdiction of the court having jurisdiction of the offense shall be limited to the issue of whether the sheriff or judicial commissioner has abused discretion. A surety which meets the requirements of §
40-11-122(1) or (2)
shall be deemed sufficient if it is certified by the circuit court clerk of the county where the defendant resides to the sheriff, magistrate, or other appropriate officer in the county where the defendant was arrested, confined or legally surrendered.
(2)
However, any defendant, claiming that a sheriff or judicial commissioner has acted arbitrarily or capriciously, may, by motion, file an appeal to the court having jurisdiction of the offense. Upon appeal, it is the court's duty to determine whether the sheriff or judicial commissioner has acted arbitrarily or capriciously.
(3)
This subsection (b) shall not be used to prevent a commercial bonding agency from posting bond for any individual when the commercial bondsman has previously been approved and authorized to make bonds and the bondsman has been so authorized by the presiding judge.
(c)
Before the sheriff, magistrate or other officer admits to bail and releases a defendant who is arrested for any kidnapping offense involving a hostage or victim, the releasing authority shall make all reasonable and diligent efforts to notify the hostage or victim of the alleged offense that the defendant has been admitted to bail and is being released. If the hostage or victim is under the age of eighteen (18) or otherwise unavailable, the releasing authority shall make all reasonable and diligent efforts to notify the family, if any, of the hostage or victim that the defendant is being released.
Acts 1978, ch. 506, § 6; 1981, ch. 237, § 1; T.C.A., § 40-1206; Acts 1984, ch. 911, § 1; 1988, ch. 648, § 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 40-11-107 - Taking bail before commitment

The committing magistrate or the city court clerk of any incorporated municipality or city or that person's deputies, before whom a defendant is brought for examination on a warrant of arrest, are authorized to take bail, either for the defendant's appearance for examination or for the defendant's appearance at court to answer the charge.
Acts 1978, ch. 506, § 7; T.C.A., § 40-1207.
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 40-11-108 - Taking bail after commitment

If the defendant is committed to jail in default of bail, the committing magistrate or sheriff or the city court clerk of any incorporated municipality or city or the person's deputies may take bail at any time thereafter, for defendant's appearance at the court having cognizance of the offense.
Acts 1978, ch. 506, § 8; T.C.A., § 40-1208.
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 40-11-109 - Taking bail after indictment

After indictment, the sheriff, upon executing the capias or writ of arrest, may take bail from the defendant for the defendant's appearance to answer the charge.
Acts 1978, ch. 506, § 9; T.C.A., § 40-1209.
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 40-11-110 - Bail for material witness

(a)
If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that the witness has refused or will refuse to respond to process, the court may require the witness to give bail under §
40-11-117
or §
40-11-122
for appearance as a witness, in an amount fixed by the court.
(b)
If the person fails to give bail, the court may commit the person to the custody of the sheriff, pending final disposition of the proceeding in which the testimony is needed, may order the person's release if the person has been detained for an unreasonable length of time, and may modify at any time the requirement as to bail.
(c)
If the person does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited as provided in §
40-11-120
or §
40-11-139
.
Acts 1978, ch. 506, § 10; T.C.A., § 40-1210.
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 40-11-111 - Bail for persons under disability

(a)
Individuals who are unable to perform activities of daily living as the result of a severe and persistent mental illness, or individuals who have been adjudicated mentally incompetent, or infants, need not personally make the deposit or execute the bail bond as may be required under §§
40-11-101
- 40-11-144, but the deposit and execution may be made for such individuals by anyone found by the sheriff or clerk taking the bond to be a responsible substitute.
(b)
For the purposes of this section, an individual shall be considered to have a severe and persistent mental illness if:
(1)
Such individual has a psychiatric diagnosis or symptoms consistent with a psychiatric diagnosis as specified in the latest edition of the
American Psychiatric Association Diagnostic and Statistical Manual
; and
(2)
Such individual has delusions, hallucinations, extremely disorganized thinking or other significant disruptions of consciousness, memory, and perception that are not attributable solely to the acute effects of alcohol or other drugs; and
(3)
Such individual has a documented medical history of the items listed in subdivisions (b)(1) and (2).
(c)
For purposes of this section, unless the context otherwise requires:
(1)
"Delusions" means fixed, clearly false beliefs; and
(2)
"Hallucinations" means clearly erroneous perceptions of reality.
Acts 1978, ch. 506, § 11; T.C.A., § 40-1211; Acts 2010 , ch. 937, § 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 40-11-112 - Arrest warrant issued for failure to comply with conditions

(a)
Upon an increase in the amount of bail required, the court having jurisdiction at the time of the increase shall declare a forfeiture and may issue a warrant for the arrest of the defendant.
(b)
Upon the defendant's failure to comply with any condition of a bail bond or recognizance release, the court having jurisdiction at the time of the failure shall declare a forfeiture and may issue a warrant for the arrest of the defendant; provided, that, if the defendant is charged with a Class A, B, C, or D felony, then the court shall issue a warrant for the arrest of the defendant.
Amended by 2024 Tenn. Acts, ch. 1055,s 2, eff. 7/1/2024.
Acts 1978, ch. 506, § 12; T.C.A., § 40-1212.
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 40-11-113 - Admission to bail pending appeal

(a)
(1)
In the cases in which the defendant may be admitted to bail upon appeal, the order admitting the defendant to bail may be made either by the court wherein the judgment was rendered, or the judge of the rendering court, by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court justice.
(2)
In any case in which any person has been admitted to bail following the person's arrest or indictment, the bail bond, security or cash deposit shall continue and be valid and binding pending any trial proceeding and appellate review, and no additional or new bail shall be required unless ordered by the court wherein the judgment of the conviction was rendered, or the judge of the rendering court, or by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court judge.
(3)
Nothing in this section shall prevent any of the rendering courts, the court of criminal appeals or the supreme court or any judge or justice of those courts from reducing or increasing the amount of bail required pending appellate review.
(4)
If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately.
(b)
If a defendant is convicted of first degree murder, a Class A felony or a violation of §
39-11-117
, §
39-12-205
, §
39-13-304
, §
39-13-402
, §
39-13-503
, §
39-13-504
, §
39-13-518
, §
39-13-1004
, §
39-15-402
, §
39-17-107
, §
39-17-417(b)
, §
39-17-417(c)(1)
, §
39-17-417(i)
, §
39-17-1004
or §
39-17-1005
, the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial, or related post-guilt determination hearings.
(c)
If the defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings.
(d)
Before a judge admits to bail pending appeal and releases a defendant who is convicted of any kidnapping offense, for which bail is authorized, involving a hostage or victim, the judge shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant has been admitted to bail pending appeal and is being released. If the hostage or victim is under eighteen (18) years of age or is otherwise unavailable, the judge shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim.
Amended by 2022 Tenn. Acts, ch. 643, s 1, eff. 3/11/2022.
Amended by 2021 Tenn. Acts, ch. 545, s 15, eff. 7/1/2021.
Acts 1978, ch. 506, § 13; 1979, ch. 224, § 1; 1979, ch. 318, § 16; 1979, ch. 397, § 1; 1981, ch. 449, § 2; 1982, ch. 567, §§ 1, 2; T.C.A., § 40-1213; Acts 1988, ch. 648, § 2; 1991, ch. 347, §§ 1, 3; 1995, ch. 498, § 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 40-11-114 - Contents of written undertaking

(a)
Bail, when not given in open court, is given by a written undertaking, containing the conditions of release, the agreement of the defendant to appear in the court having jurisdiction of the offense as directed by the court and/or an amount to be paid for nonappearance, signed by the defendant, and if made under §
40-11-122(2)
, signed also by court-approved and sufficient surety or sureties. The written undertaking must be approved by the officer taking it.
(b)
An electronically transmitted facsimile copy of a written undertaking shall have the same legal effect as the original written undertaking. An electronically transmitted facsimile copy of a written undertaking signed by the defendant shall have the same legal effect as the written undertaking signed by the defendant.
Acts 1978, ch. 506, § 14; T.C.A., § 40-1214; Acts 1999, ch. 52, § 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 40-11-116

(a)
If a magistrate determines that conditions of release are necessary, then the magistrate must impose the least onerous conditions reasonably likely to ensure the safety of the community and the defendant's appearance in court.
(b)
If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions:
(1)
Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section;
(2)
Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or
(3)
Impose any other reasonable restriction designed to ensure the safety of the community and the defendant's appearance, including, but not limited to, the deposit of bail pursuant to§
40-11-117
.
(c)
A person charged with any of the following offenses shall not be released pursuant to subdivision (b)(1) without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges:
(1)
A Class A felony;
(2)
A Class B felony;
(3)
Aggravated assault, as defined in §
39-13-102
;
(4)
Aggravated assault against a law enforcement officer or first responder, as defined in §
39-13-116
; or
(5)
Domestic assault, as defined in §
39-13-111
, if the violation is a felony offense.
(d)
If the magistrate imposes conditions on release of a defendant charged with a Class A, B, C, or D felony and pretrial services are available within the county, then the court shall also require the defendant to participate in pretrial monitoring to ensure that the defendant is complying with the conditions. If the defendant fails to comply with the conditions of release, then the pretrial monitoring agency shall notify the court having jurisdiction of the defendant's failure to comply.
Amended by 2024 Tenn. Acts, ch. 1055,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 362, s 2, eff. 7/1/2023.
Acts 1978, ch. 506, § 16; T.C.A., § 40-1216; Acts 2001, ch. 443, §§ 1, 2; 2012 , ch. 727, § 10.
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 40-11-117 - Bail security required

If the magistrate determines that a release on recognizance or with conditions will not reasonably ensure the safety of the community and the appearance of the defendant as required, then the magistrate must require bail to be given.
Amended by 2024 Tenn. Acts, ch. 612,s 5, eff. 7/1/2024.
Acts 1978, ch. 506, § 17; T.C.A., § 40-1217.