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SB0856 • 2026

Bail, Bail Bonds

AN ACT to amend Tennessee Code Annotated, Title 24; Title 39 and Title 40, relative to criminal procedure.

Crime
Active

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

Sponsor
Taylor, Lamberth
Last action
2025-04-29
Official status
Effective date(s) 04/24/2025
Effective date
Not listed

Plain English Breakdown

The bill does not specify how judges should determine if hearsay evidence is reliable or what constitutes a 'fair opportunity' for defendants to challenge the evidence against them.

Changes to Bail and Release Decisions

This bill allows judges to use certain types of secondhand information when deciding whether someone accused of a crime can be released before their trial or how much bail they need to pay.

What This Bill Does

  • Allows magistrates (judges) to consider reliable hearsay evidence, such as computer records from state and federal agencies, when determining if a defendant should be released before trial.
  • Requires that defendants have an opportunity to challenge any hearsay evidence used against them in court.
  • Updates existing laws about criminal procedure to include these changes.

Who It Names or Affects

  • People who are charged with crimes and may be released before trial or required to pay bail.
  • Judges who make decisions about releasing defendants or setting bail amounts.

Terms To Know

Hearsay
Information given by someone other than the person directly involved in an event, often secondhand information.
Magistrate
A judge who has authority to make decisions about bail and release of defendants before their trial.

Limits and Unknowns

  • The bill does not specify how judges should determine if hearsay evidence is reliable.
  • It's unclear what exactly constitutes a 'fair opportunity' for defendants to challenge the evidence against them.

Amendments

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

Amendment 1-0 to HB0854

Plain English: This amendment allows magistrates in Tennessee to consider hearsay evidence when deciding whether to release a defendant or set bail, as long as the defendant gets a fair chance to challenge that evidence.

  • Magistrates can now use reliable hearsay evidence when deciding if a defendant should be released before trial.
  • Magistrates can also use reliable hearsay evidence when setting the amount of bail needed to ensure a defendant's return to court and public safety.
  • The amendment does not specify what constitutes 'reliable' hearsay or how magistrates should determine reliability.
Amendment 1-0 to SB0856

Plain English: This amendment allows magistrates in Tennessee to consider hearsay evidence when deciding whether to release a defendant or set bail, as long as the defendant gets a fair chance to challenge that evidence.

  • Magistrates can now use reliable hearsay evidence when deciding if a defendant should be released before trial (Section 40-11-115).
  • Magistrates can also use reliable hearsay evidence when setting bail amounts, ensuring the defendant's appearance and public safety (Section 40-11-118).
  • The amendment does not specify what constitutes a 'fair opportunity to rebut' hearsay evidence.

Bill History

  1. 2025-04-29 Tennessee General Assembly

    Effective date(s) 04/24/2025

  2. 2025-04-29 Tennessee General Assembly

    Pub. Ch. 262

  3. 2025-04-29 Tennessee General Assembly

    Comp. became Pub. Ch. 262

  4. 2025-04-24 Tennessee General Assembly

    Signed by Governor.

  5. 2025-04-21 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-21 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-17 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-16 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-14 Tennessee General Assembly

    Passed H., Ayes 80, Nays 16, PNV 0

  10. 2025-04-14 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0324)

  11. 2025-04-14 Tennessee General Assembly

    Subst. for comp. HB.

  12. 2025-04-14 Tennessee General Assembly

    Sponsor(s) Added.

  13. 2025-04-14 Tennessee General Assembly

    Comp. SB subst.

  14. 2025-04-10 Tennessee General Assembly

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

  15. 2025-04-09 Tennessee General Assembly

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

  16. 2025-04-08 Tennessee General Assembly

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

  17. 2025-04-02 Tennessee General Assembly

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

  18. 2025-04-02 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/9/2025

  19. 2025-03-26 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/2/2025

  20. 2025-03-26 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/02/2025

  21. 2025-03-19 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/26/2025

  22. 2025-03-19 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/26/2025

  23. 2025-03-17 Tennessee General Assembly

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

  24. 2025-03-13 Tennessee General Assembly

    Engrossed; ready for transmission to House

  25. 2025-03-13 Tennessee General Assembly

    Sponsor(s) Added.

  26. 2025-03-13 Tennessee General Assembly

    Passed Senate as amended, Ayes 25, Nays 6

  27. 2025-03-13 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0046)

  28. 2025-03-12 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/19/2025

  29. 2025-03-12 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/19/2025

  30. 2025-03-11 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/13/2025

  31. 2025-03-05 Tennessee General Assembly

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

  32. 2025-03-05 Tennessee General Assembly

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

  33. 2025-03-04 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 0

  34. 2025-02-26 Tennessee General Assembly

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

  35. 2025-02-26 Tennessee General Assembly

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

  36. 2025-02-26 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 3/5/25

  37. 2025-02-19 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 2/26/2025

  38. 2025-02-19 Tennessee General Assembly

    Meeting Canceled

  39. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  40. 2025-02-12 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 2/19/2025

  41. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  42. 2025-02-10 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  43. 2025-02-06 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  44. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  45. 2025-02-05 Tennessee General Assembly

    Intro., P1C.

  46. 2025-02-04 Tennessee General Assembly

    Filed for introduction

Official Summary Text

In determining whether or not a defendant who is charged with a bailable offense s
hall be released, and if so, the least restrictive conditions of release that will reasonably ensure the appearance of the defendant as required and the safety of the community, present law requires the magistrate to consider any available results of a va
l
idated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. Additionally, present law authorizes the magistrate to consider any of the following factors when making such determina
t
ions:

(1) The defendant's length of residence in the community;

(2) The defendant's employment status;

(3) The defendant's prior criminal record, including prior releases on recognizance or bail;

(4) Whether, at the time of being charged with the
offense, the defendant was on release pending trial, sentencing, or appeal in connection with another offense;

(5) The nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the ri
sk of nonappearance and the safety of the community;

(6) Any substance use or mental health issues that would be better addressed in a community-based treatment program; and

(7) Any other factors indicating the defendant's ties to the community or bear
ing on the defendant's risk of willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state.

This bill adds as an eighth factor that the magistrate may consider reliable hearsay evidence, including, bu
t not limited to, computer printouts of state and federal criminal records maintained by the TBI and the FBI, if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by the magistrate. This bill also authorizes a

magistrate to consider such factor when determining the amount of bail necessary to reasonably assure the appearance of a defendant while at the same time protecting the safety of the public.

ON MARCH 13, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSE
D SENATE BILL 856, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:



Adds that in
determining

whether or not a defendant sh
ould
be released
on bail pending trial
, the magistrate may consider hearsay evidence when the magistrate finds that the evidence is reliable if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by the magistrate.



Adds that in
determining the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public, the magistrate may consider hearsay evidence when the magistrate finds that the evidence is reliable if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by the magistrate.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 854
By Lamberth

SENATE BILL 856
By Taylor

SB0856
003000
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 24;
Title 39 and Title 40, relative to criminal procedure.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-115(b), is amended by adding
the following as a new subdivision:
( ) Reliable hearsay evidence, including, but not limited to, computer printouts of
state and federal criminal records maintained by the Tennessee bureau of investigation
and the federal bureau of investigation, if the defendant is accorded a fair opportunity to
rebut any reliable hearsay evidence considered by the magistrate.
SECTION 2. Tennessee Code Annotated, Section 40-11-118(b), is amended by
redesignating the current language as subdivision (b)(1) and adding the following new
subdivision (b)(2):
(2) In determining the amount of bail necessary to reasonably assure the
appearance of the defendant while at the same time protecting the safety of the public,
the magistrate may consider reliable hearsay evidence, including, but not limited to,
computer printouts of state and federal criminal records maintained by the Tennessee
bureau of investigation and the federal bureau of investigation, if the defendant is
accorded a fair opportunity to rebut any reliable hearsay evidence considered by the
magistrate.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.