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HB1721 • 2026

Criminal Procedure

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to court costs.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Brooks, Lamar
Last action
2026-03-25
Official status
Failed in s/c Criminal Justice Subcommittee of Judiciary Committee
Effective date
Not listed

Plain English Breakdown

The bill did not pass and therefore has no effective date.

Changes to Court Costs for Criminal Cases

This bill stops courts from charging defendants money if they are found not guilty or their charges are dropped in criminal cases.

What This Bill Does

  • Stops courts from collecting court costs when a defendant is found not guilty by a jury or judge on all charges for which the defendant was accused.
  • Prevents the collection of court costs if the prosecution dismisses the case or enters nolle prosequi (a legal term meaning they won't pursue charges).
  • Forbids charging defendants for court costs if their charges are dismissed by the court.

Who It Names or Affects

  • People who go through criminal trials in Tennessee.
  • Courts that handle criminal cases in Tennessee.

Terms To Know

Nolle prosequi
A legal term meaning the prosecution decides not to pursue charges against a defendant.

Limits and Unknowns

  • The bill does not specify how much money will be saved or lost by this change.
  • It is unclear exactly who will pay for court costs that are no longer charged to defendants under these conditions.

Amendments

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

Amendment 1-0 to SB1599

Plain English: The amendment allows defendants who have paid court costs that should have been covered by the state or county to ask the court for a refund.

  • Adds new subsection (b) to Tennessee Code Annotated, Section 40-25-130, which lets defendants file a petition with the court to recover costs they paid when the state or county should have covered those costs.
  • The amendment does not specify how courts will handle these petitions or what criteria must be met for a defendant to receive a refund.

Bill History

  1. 2026-03-25 Tennessee General Assembly

    Failed in s/c Criminal Justice Subcommittee of Judiciary Committee

  2. 2026-03-23 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 5, Nays 3 PNV 0

  3. 2026-03-18 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/25/2026

  4. 2026-03-18 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/23/2026

  5. 2026-03-16 Tennessee General Assembly

    Reset on Final calendar of Senate Judiciary Committee

  6. 2026-03-11 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/16/2026

  7. 2026-01-22 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  8. 2026-01-22 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  9. 2026-01-21 Tennessee General Assembly

    Intro., P1C.

  10. 2026-01-20 Tennessee General Assembly

    Filed for introduction

  11. 2026-01-14 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  12. 2026-01-13 Tennessee General Assembly

    Introduced, Passed on First Consideration

  13. 2026-01-12 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

Read the full stored bill text 
SENATE BILL 1599
By Lamar

HOUSE BILL 1721
By Brooks
HB1721
009853
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to court costs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-25-123, is amended by adding
the following as a new subsection:
(d) A court shall not assess court costs against a defendant if:
(1) The defendant is found not guilty by a jury or by a judge following a
bench trial on all charges for which the defendant was accused;
(2) The prosecution is dismissed or a nolle prosequi is entered by the
state; or
(3) The charges against the defendant are dismissed by the court.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.