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HB2374 • 2026

Bail, Bail Bonds

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

Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Doggett, Haile
Last action
2026-04-16
Official status
Conf. comm. appointed. (Rep. Scarbrough, Atchley, Hemmer, Doggett)
Effective date
Not listed

Plain English Breakdown

The official summary does not provide specific details on how courts should handle violent or sexual felonies, leaving this aspect unclear.

Changes to Bail and Fugitive Lists

This bill changes how Tennessee handles bail by removing requirements for placing defendants on fugitive lists for certain non-violent or non-sexual felony cases and extending the time frame for court actions.

What This Bill Does

  • Removes the requirement to place a defendant who fails to appear in court for non-violent or non-sexual felony charges on state or federal fugitive lists.
  • Extends from three to ten business days the period within which a court must enter a bench warrant or capias into state or federal databases if the defendant is charged with failing to appear for violent or sexual misdemeanor cases.
  • Changes the rule that allows courts to relieve sureties (people who promise to pay bail) of their liability if defendants are not placed on fugitive lists within ten business days.

Who It Names or Affects

  • Courts in Tennessee
  • Defendants charged with non-violent or non-sexual felony cases
  • Sureties who promise bail for defendants

Terms To Know

Bench warrant
A court order to arrest someone when they do not show up in court as ordered.
Capias
An official document ordering law enforcement to arrest a person and bring them before the court.

Limits and Unknowns

  • The bill does not specify how courts should handle cases where defendants fail to appear for violent or sexual felonies.
  • It is unclear what will happen if this bill becomes law and affects existing cases.

Amendments

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

Amendment 1-0 to SB2161

Plain English: Senate Judiciary 1 Amendment No.

  • Senate Judiciary 1 Amendment No.
  • 1 to SB2161 Gardenhire Signature of Sponsor AMEND Senate Bill No.
  • 2161* House Bill No.
  • 2374 SA0912 016633 - 1 - by deleting the language "ten (10) business days" and substituting "three (3) business days" in the amendatory language of SECTION 2.

Bill History

  1. 2026-04-16 Tennessee General Assembly

    Conf. comm. appointed. (Rep. Scarbrough, Atchley, Hemmer, Doggett)

  2. 2026-04-16 Tennessee General Assembly

    H. refused to recede from its non-concurrence

  3. 2026-04-16 Tennessee General Assembly

    H. Placed on Message Calendar 3 for 4-16-26

  4. 2026-04-16 Tennessee General Assembly

    Senate refused to recede from amendment

  5. 2026-04-15 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/16/2026

  6. 2026-04-14 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/16/2026

  7. 2026-04-14 Tennessee General Assembly

    H. nonconcurred in S. am. no. 1

  8. 2026-04-13 Tennessee General Assembly

    H. Placed on Message Calendar

  9. 2026-04-09 Tennessee General Assembly

    Passed Senate as amended, Ayes 30, Nays 0

  10. 2026-04-09 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0912)

  11. 2026-04-09 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  12. 2026-04-09 Tennessee General Assembly

    Received from House, Passed on First Consideration

  13. 2026-04-09 Tennessee General Assembly

    Companion House Bill substituted

  14. 2026-04-07 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/9/2026

  15. 2026-04-06 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  16. 2026-04-06 Tennessee General Assembly

    Passed H., Ayes 95, Nays 0, PNV 0

  17. 2026-04-02 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/6/2026

  18. 2026-04-01 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/2/2026

  19. 2026-04-01 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2026-04-01 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  21. 2026-03-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/1/2026

  22. 2026-03-25 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/1/2026

  23. 2026-03-25 Tennessee General Assembly

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

  24. 2026-03-24 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/25/2026

  25. 2026-03-24 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/25/2026

  26. 2026-03-23 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2026

  27. 2026-03-23 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/23/2026

  28. 2026-03-18 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/23/2026

  29. 2026-03-18 Tennessee General Assembly

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

  30. 2026-03-18 Tennessee General Assembly

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

  31. 2026-03-16 Tennessee General Assembly

    Reset on Final calendar of Senate Judiciary Committee

  32. 2026-03-11 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/18/2026

  33. 2026-03-11 Tennessee General Assembly

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

  34. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  35. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  36. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  37. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  38. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  39. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  40. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law requires a defendant to be placed on any available state or federal list or database as a fugitive from justice, including the National Crime Information Center, if a court issues a bench warrant or a capias due to a defendant doing any of th
e following:



Failing to appear on a felony that is violent or sexual in nature.


Failing to appear on a Class A or Class B misdemeanor that is violent or sexual in nature.


Being charged with a failure to appear.

This bill removes the requirement to place on such list or database a defendant for failing to appear on Class A or Class B misdemeanors that are violent or sexual in nature and for being charged with a failure to appear.

LIABILITY OF SURETY

Present law removes liability for a surety for any undertaking if the defendant has not been placed on the available state or federal list or database within three business days of the entering agency's receipt of the bench warrant or capias.

This bill expands the time in which a surety is relieved from liability if the defendant has not been placed on the available state or federal list or database to 10 business days of the entering agency's receipt of the bench warrant or capias.

ON APRIL 9, 2026, THE SENATE SUBSTITUTED HOUSE BILL 2374 FOR SENATE BILL 2161, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2374, AS AMENDED.

AMENDMENT #1 reduces from 10 to three the number of business days after the entering agency's receipt of the bench warrant or capias that the court may relieve the surety of liability for an undertaking if the defendant has not been placed on the availabl
e state or federal list or database.

ON APRIL 14, 2026, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1.

ON APRIL 16, 2026, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF SENATE AMENDMENT #1.

ON APRIL 16, 2026, THE HOUSE REFUSED TO RECEDE IN ITS NON-CONCURRENCE IN SENATE AMENDMENT #1 AND APPOINTED A CONFERENCE COMMITTEE.

Current Bill Text

Read the full stored bill text 
SENATE BILL 2161
By Haile

HOUSE BILL 2374
By Doggett
HB2374
011280
- 1 -

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-139(d)(1), is amended by
deleting the subdivision and substituting:
(1) If a court issues a bench warrant or a capias due to a defendant's failure to
appear on a felony that is violent or sexual in nature as determined by the court, then the
defendant shall be placed on any available state or federal list or database as a fugitive
from justice, including the National Crime Information Center.
SECTION 2. Tennessee Code Annotated, Section 40-11-139(d)(3), is amended by
deleting the subdivision and substituting:
(3) The court may relieve the surety of liability for an undertaking if the defendant
has not been placed on the available state or federal list or database within ten (10)
business days of the entering agency's receipt of the bench warrant or capias.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.