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HB0671 • 2026

Bonding, Surety and Professional

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 13; Title 39; Title 40; Title 41; Title 56; Title 62 and Title 67, Chapter 4, Part 8, relative to bail bonds.

Crime
Enacted

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

Sponsor
Scarbrough, Jackson
Last action
2025-05-13
Official status
Comp. became Pub. Ch. 395
Effective date
Not listed

Plain English Breakdown

The official source material does not include details about initialing bond orders or providing copies to the bondsman and defendant.

Changes to Bail Bond Rules

This law allows bail bond companies to ask courts for release from their obligations if someone who posted a bail bond does not show up in court and requires proof of good faith efforts.

What This Bill Does

  • Allows the company that provides a bail bond (called a surety) to petition the court for release from their responsibilities if the person they helped get out of jail (the principal) doesn't come back to court.
  • Requires the surety to provide proof in a sworn affidavit detailing good faith efforts made to find and bring the principal back to court when asking the court for release from obligations.

Who It Names or Affects

  • Bail bond companies (sureties) who help people post bail.
  • Courts that handle bail bond cases.
  • People who are released from jail on a bail bond.

Terms To Know

Surety
A company or person who provides financial security for someone's release from jail until their court date.
Principal
The person released from jail on a bail bond, who is supposed to return to court.

Limits and Unknowns

  • Does not specify what happens if the surety does not make good faith efforts to find and bring back the principal.
  • Does not provide details about how courts will handle petitions for release from obligations.

Amendments

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

Amendment 1-0 to HB0671

Plain English: The amendment adds new sections to Tennessee law that allow sureties (bail bondsmen) to petition courts for release from their obligations if a defendant fails to appear in court and provides guidelines on how these petitions should be handled.

  • Adds a new subsection (c) to Section 40-11-204, allowing bail bondsmen to ask the court to free them from their responsibilities if a defendant does not show up for court after forfeiting the bond. The petition must include details of efforts made to find and ensure the appearance of the defendant.
  • Specifies that courts will hold hearings where bondsmen can explain their efforts, and courts may consider various factors when deciding whether these efforts were in good faith.
  • Adds a new subsection (h) to Section 40-11-118, requiring clerks to ensure bail bondsmen acknowledge the conditions of the defendant's bond by initialing each page of the bond order.
  • The exact criteria for determining good faith efforts are not fully detailed in the amendment text and may vary based on court interpretation.
Amendment 1-0 to SB1202

Plain English: The amendment adds new rules for bail bond sureties when a defendant fails to appear and requires bondsmen to acknowledge conditions of bond.

  • Adds provisions allowing a surety to petition the court for release from obligations if a defendant does not show up, requiring detailed affidavits and hearings.
  • Specifies that courts must consider various factors to determine if a surety made good faith efforts to locate and ensure the appearance of the principal.
  • Requires bondsmen to initial each page of the bond order to confirm they are aware of any conditions imposed on the defendant.
  • The exact process for courts to release or exonerate sureties is not fully detailed in the amendment text.

Bill History

  1. 2025-05-13 Tennessee General Assembly

    Comp. became Pub. Ch. 395

  2. 2025-05-13 Tennessee General Assembly

    Effective date(s) 07/01/2025

  3. 2025-05-13 Tennessee General Assembly

    Pub. Ch. 395

  4. 2025-05-05 Tennessee General Assembly

    Signed by Governor.

  5. 2025-04-23 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-22 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-22 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-22 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-16 Tennessee General Assembly

    Comp. SB subst.

  10. 2025-04-16 Tennessee General Assembly

    Passed H., Ayes 86, Nays 7, PNV 1

  11. 2025-04-16 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0323)

  12. 2025-04-16 Tennessee General Assembly

    Subst. for comp. HB.

  13. 2025-04-15 Tennessee General Assembly

    Engrossed; ready for transmission to House

  14. 2025-04-15 Tennessee General Assembly

    Passed Senate as amended, Ayes 32, Nays 0

  15. 2025-04-15 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0345)

  16. 2025-04-14 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/15/2025

  17. 2025-04-11 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/15/2025

  18. 2025-04-10 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/14/2025

  19. 2025-04-09 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/10/2025

  20. 2025-04-08 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  21. 2025-04-02 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/9/2025

  22. 2025-04-02 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0

  23. 2025-04-01 Tennessee General Assembly

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

  24. 2025-04-01 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/2/2025

  25. 2025-04-01 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/2/2025

  26. 2025-03-31 Tennessee General Assembly

    Sponsor(s) Added.

  27. 2025-03-31 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/1/2025

  28. 2025-03-31 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  29. 2025-03-26 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 4/2/2025

  30. 2025-03-26 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 4/2/2025

  31. 2025-03-26 Tennessee General Assembly

    Sponsor(s) Added.

  32. 2025-03-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/31/2025

  33. 2025-03-24 Tennessee General Assembly

    Sponsor(s) Added.

  34. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/26/2025

  35. 2025-03-19 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  36. 2025-03-19 Tennessee General Assembly

    Ref. to Judiciary Committee

  37. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  38. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  39. 2025-02-06 Tennessee General Assembly

    P2C, caption bill, held on desk - pending amdt.

  40. 2025-02-06 Tennessee General Assembly

    Filed for introduction

  41. 2025-02-05 Tennessee General Assembly

    Intro., P1C.

  42. 2025-02-03 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON APRIL 15, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1202, AS AMENDED.

AMENDMENT #1 rewrites this bill to authorize
the surety
on a bail bond to
petition the court for release from their obligations
as surety
if the principal forfeits. A
petition
filed pursuant to this amendment
must be accompanied by a sworn affidavit detailing what good faith efforts were made to locate and assure the appearance of the principal.
A hearing must be held on a petiti
on and, u
pon a finding, by a preponderance of the evidence, that the bondsman
made g
ood faith effort
s to locate and assure the principal's appearance
, the court may release or exonerate the bondsman of the bondsman's obligations in the case.
The full text
of this amendment specifies five factors that a court may consider to determine whether the surety complied with the good faith effort requirement.

This amendment also adds a requirement to present law that, b
efore accepting a bail deposit from a bondsm
an, the clerk must require the bondsman to initial each page of the bond order, indicating that the bondsman has read and is aware of any conditions of bond imposed on the defendant. The clerk must provide a copy of the initialed bond order the bondsman
a
nd maintain a copy in the defendant's file.

Current Bill Text

Read the full stored bill text
SENATE BILL 1202
By Jackson

HOUSE BILL 671
By Scarbrough

HB0671
002448
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 3, Part 13; Title 39; Title 40; Title 41; Title
56; Title 62 and Title 67, Chapter 4, Part 8, relative
to bail bonds.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-124(a), is amended by adding
the following language after the second sentence:
Each list must be published on the court's website.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.