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HB0033 • 2026

Bail, Bail Bonds

AN ACT to amend Tennessee Code Annotated, Title 40, relative to pretrial release for certain offenses.

Crime Firearms
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Gillespie, Taylor
Last action
2026-03-30
Official status
Comp. became Pub. Ch. 604
Effective date
Not listed

Plain English Breakdown

The bill's original effective date was changed during its passage and now takes effect on July 1, 2026.

Changes to Bail Rules for Certain Offenses

This law changes how judges decide if someone accused of certain crimes involving firearms or causing serious bodily injury can be released before their trial.

What This Bill Does

  • Adds a rule that people charged with offenses involving the use or display of a firearm or resulting in serious bodily injury are not automatically allowed out on bail without a judge's approval.
  • Requires judges to write down reasons why they think it is safe for someone accused of these crimes to be released before trial, if the judge decides to let them go.

Who It Names or Affects

  • People charged with offenses involving firearms or causing serious bodily injury.
  • Judges who decide on bail for these cases.

Terms To Know

firearm
A gun, as defined by Tennessee law.
serious bodily injury
An injury that causes significant physical harm, as defined by Tennessee law.

Limits and Unknowns

  • The exact costs of increased local jail expenses due to this change are not known and depend on many factors.
  • This bill was amended to take effect in July 2026 instead of July 2025 as originally planned.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0033

Plain English: The amendment adds a new rule that people charged with certain serious crimes involving guns and causing serious harm or death are generally not allowed to be released without bail.

  • Adds a presumption against releasing on personal recognizance (without bail) for defendants charged with felony offenses involving the use of a firearm resulting in serious bodily injury or death.
  • Requires written findings by magistrates if they decide to release such defendants despite the presumption.
  • The amendment does not specify what happens if the presumption is rebutted, only that it must be documented.
Amendment 2-0 to HB0033

Plain English: The amendment adds a new rule that people charged with certain serious crimes involving guns or causing severe harm to victims are generally not allowed to be released without bail.

  • Adds a presumption against releasing defendants on their own recognizance if they are accused of felonies involving firearms or resulting in serious bodily injury or death.
  • Requires magistrates or other authorized officials to provide written findings for each factor listed in subsection (b) when the presumption is rebutted.
  • The amendment does not specify what factors are listed in subsection (b), so more context from the full bill would be needed to understand these requirements fully.
Amendment 3-0 to HB0033

Plain English: The amendment changes a part of the bill's language to update references from subsection (f) to (g), and sets a new effective date for the bill.

  • Changes all instances of '(f)' in the bill text to '(g)'
  • Sets the act to take effect on July 1, 2026
  • The amendment does not provide details about what specific changes are made within subsection (g) or why this change is necessary.

Bill History

  1. 2026-03-30 Tennessee General Assembly

    Comp. became Pub. Ch. 604

  2. 2026-03-30 Tennessee General Assembly

    Effective date(s) 07/01/2026

  3. 2026-03-30 Tennessee General Assembly

    Pub. Ch. 604

  4. 2026-03-26 Tennessee General Assembly

    Signed by Governor.

  5. 2026-03-16 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2026-03-16 Tennessee General Assembly

    Signed by H. Speaker

  7. 2026-03-16 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2026-03-13 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2026-03-12 Tennessee General Assembly

    Concurred, Ayes 26, Nays 6 (Amendment 3 - HA0585)

  10. 2026-03-12 Tennessee General Assembly

    Concurred, Ayes 26, Nays 6 (Amendment 2 - HA0524)

  11. 2026-03-10 Tennessee General Assembly

    Placed on Senate Message Calendar for 3/12/2026

  12. 2026-03-05 Tennessee General Assembly

    Sponsor(s) Added.

  13. 2026-03-05 Tennessee General Assembly

    Comp. SB subst.

  14. 2026-03-05 Tennessee General Assembly

    Passed H., as am., Ayes 65, Nays 25, PNV 0

  15. 2026-03-05 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0523)

  16. 2026-03-05 Tennessee General Assembly

    H. adopted am. (Amendment 3 - HA0585)

  17. 2026-03-05 Tennessee General Assembly

    H. adopted am. (Amendment 2 - HA0524)

  18. 2026-03-05 Tennessee General Assembly

    Subst. for comp. HB.

  19. 2026-03-02 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/5/2026

  20. 2026-03-02 Tennessee General Assembly

    Sponsor(s) Added.

  21. 2026-03-02 Tennessee General Assembly

    Reset on cal. for 3/5/2026

  22. 2026-02-26 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/2/2026

  23. 2026-02-25 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 2/26/2026

  24. 2025-04-22 Tennessee General Assembly

    Re-ref. Calendar & Rules Committee

  25. 2025-04-21 Tennessee General Assembly

    Sponsor(s) withdrawn.

  26. 2025-04-17 Tennessee General Assembly

    Sponsor(s) Added.

  27. 2025-04-17 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/21/2025

  28. 2025-04-17 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/17/2025

  29. 2025-04-17 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  30. 2025-04-17 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  31. 2025-04-16 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/17/2025

  32. 2025-04-15 Tennessee General Assembly

    Sponsor(s) Added.

  33. 2025-04-09 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025

  34. 2025-03-19 Tennessee General Assembly

    Placed behind the budget

  35. 2025-03-17 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  36. 2025-03-13 Tennessee General Assembly

    Engrossed; ready for transmission to House

  37. 2025-03-13 Tennessee General Assembly

    Sponsor(s) Added.

  38. 2025-03-13 Tennessee General Assembly

    Passed Senate, Ayes 23, Nays 5, PNV 2

  39. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/19/2025

  40. 2025-03-12 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  41. 2025-03-12 Tennessee General Assembly

    Rec. for pass; ref to Finance, Ways, and Means Committee

  42. 2025-03-11 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/13/2025

  43. 2025-03-05 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/12/2025

  44. 2025-03-05 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  45. 2025-03-04 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  46. 2025-02-26 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/5/2025

  47. 2025-02-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/4/2025

  48. 2025-02-10 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  49. 2025-01-28 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  50. 2025-01-27 Tennessee General Assembly

    Introduced, Passed on First Consideration

  51. 2025-01-16 Tennessee General Assembly

    Ref. to Judiciary Committee

  52. 2025-01-16 Tennessee General Assembly

    Filed for introduction

  53. 2025-01-15 Tennessee General Assembly

    P2C held on desk, pending appointment of Standing Committees

  54. 2025-01-14 Tennessee General Assembly

    Intro., P1C.

  55. 2024-12-11 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law authorizes a person charged with a bailable offense to be ordered released pending trial by a magistrate who is authorized to admit bail. The person can be released (i) in the person's personal recognizance, (ii) upon the execution of an uns
ecured appearance bond in an amount specified by the magistrate, or (iii) with conditions of release, which may include the deposit of bail.

SAFETY OF COMMUNITY

Under present law, the magistrate gives first consideration to ensuring the safety of the community. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that wil
l reasonably ensure the appearance of the person as required and the safety of the community.

OFFENSES

Under present law, a person charged with any of the following offenses will not be released on their own recognizance without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current char
ges: (i) a Class A felony, (ii) a Class B felony, (iii) aggravated assault, (iv) aggravated assault against a law enforcement officer or first responder, or (v) domestic assault if the violation is a felony offense.

Under this bill, there is a presumption that a defendant should not be released on bail on the defendant's own recognizance if the defendant is charged with an offense that involved the use or display of a firearm or resulted in the serious bodily injury
or death of the victim. If a magistrate or other official, who is authorized to admit a defendant to bail, determines that the presumption established in this bill has been rebutted, then the magistrate or official must include written findings in their
b
ail order regarding factors used by the magistrate or official to determine the continued safety of the community upon release.

ON MARCH 5, 2026, THE HOUSE SUBSTITUTED SENATE BILL 218 FOR HOUSE BILL 33, ADOPTED AMENDMENTS #2 AND #3, AND PASSED SENATE BILL 218, AS AMENDED.

AMENDMENT #2 makes the presumption apply to situations where

the defendant is charged with a felony offense that involved the use or display of a firearm or resulted in the serious bodily injury or death of the victim.

The provisions of this amendment take effect July 1, 2025.

AMENDMENT #3 r
edesignates a subsection and changes this bill's effective date from July 1, 2025, to July 1, 2026.

Current Bill Text

Read the full stored bill text 
SENATE BILL 218
By Taylor

HOUSE BILL 33
By Gillespie

HB0033
000528
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
relative to pretrial release for certain offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-115, is amended by adding
the following new subsection:
(f)
(1) There is a presumption that a defendant should not be released on
the defendant's personal recognizance if the defendant is charged with an
offense that involved the use or display of a firearm or resulted in the serious
bodily injury or death of the victim. As used in this subsection (f), the terms
"firearm" and "serious bodily injury" mean the same as defined in § 39-11-106.
(2) If a magistrate or other official authorized to admit a defendant to bail
determines that the presumption established by subdivision (f)(1) has been
rebutted, then the magistrate or such official must include in the bail order written
findings for each factor listed in subsection (b).
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.