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SB1202 • 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
Active

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

Sponsor
Jackson, Scarbrough
Last action
2025-05-13
Official status
Effective date(s) 07/01/2025
Effective date
Not listed

Plain English Breakdown

The bill summary text does not provide specific details about how the clerk handles copies of signed documents or the exact factors considered by courts for good faith efforts, leading to removal and uncertainty in these areas.

Changes to Bail Bond Rules

This bill allows bail bond companies to ask courts for release from their obligations if a defendant does not appear in court and requires bondsmen to sign each page of the bail agreement paperwork.

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 who got out of jail on bail (the principal) does not show up in court and the bond is forfeited.
  • Requires the surety to provide proof, through a sworn affidavit, detailing good faith efforts made to locate and ensure the appearance of the principal before asking for release from obligations.
  • Adds a requirement that when a bondsman accepts money as part of a bail agreement, they must initial each page of the paperwork showing they understand any conditions set by the court.

Who It Names or Affects

  • Bail bond companies (sureties) who provide bail for defendants.
  • Courts that handle bail bond cases and release orders.
  • Defendants who are released on bail and their families or friends who might help them meet court requirements.

Terms To Know

Surety
A company or person who provides a financial guarantee to the court that a defendant will appear in court as required.
Principal
The person released from jail on bail, who is responsible for showing up in court.

Limits and Unknowns

  • This bill does not specify what happens if the surety does not make good faith efforts to find the principal.
  • It's unclear how courts will enforce the requirement that bondsmen sign each page of the bail agreement paperwork.

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 amendment text does not specify all possible scenarios or outcomes for court decisions regarding petitions from sureties.
  • Details on how courts will enforce these new requirements are not provided in the amendment.
Amendment 1-0 to SB1202

Plain English: The amendment adds new provisions that allow sureties to petition for release from their obligations if a principal forfeits bail and requires bondsmen to initial each page of the bond order after reading its conditions.

  • Adds a new subsection (c) in Tennessee Code Annotated, Section 40-11-204, which allows sureties to petition for release from their obligations if a principal forfeits bail and requires them to provide evidence of good faith efforts to locate the principal.
  • Includes provisions for court hearings where bondsmen can present evidence of their efforts to ensure the appearance of the principal.
  • Adds a new subsection (h) in Tennessee Code Annotated, Section 40-11-118, requiring bondsmen to initial each page of the bond order after reading its conditions.
  • The amendment text does not specify all possible scenarios or outcomes for sureties' petitions and court hearings.
  • It is unclear how courts will interpret and apply the new provisions in practice.

Bill History

  1. 2025-05-13 Tennessee General Assembly

    Effective date(s) 07/01/2025

  2. 2025-05-13 Tennessee General Assembly

    Pub. Ch. 395

  3. 2025-05-13 Tennessee General Assembly

    Comp. became 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

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

  10. 2025-04-16 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0323)

  11. 2025-04-16 Tennessee General Assembly

    Subst. for comp. HB.

  12. 2025-04-16 Tennessee General Assembly

    Comp. SB subst.

  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

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

  22. 2025-04-02 Tennessee General Assembly

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

  23. 2025-04-01 Tennessee General Assembly

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

  24. 2025-04-01 Tennessee General Assembly

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

  25. 2025-04-01 Tennessee General Assembly

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

  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 Senate Judiciary Committee calendar for 3/31/2025

  30. 2025-03-26 Tennessee General Assembly

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

  31. 2025-03-26 Tennessee General Assembly

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

  32. 2025-03-26 Tennessee General Assembly

    Sponsor(s) Added.

  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

    Filed for introduction

  40. 2025-02-06 Tennessee General Assembly

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

  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 
HOUSE BILL 671
By Scarbrough

SENATE BILL 1202
By Jackson

SB1202
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.