Bail, Bail Bonds

Plain English Breakdown

The exact financial impact of the bill on local governments is uncertain due to multiple unknown factors.

Changes to Bail Rules in Tennessee

This bill restricts entities from securing a defendant's release unless authorized by law and limits certain entities' ability to post security for defendants.

What This Bill Does

• It prohibits any entity, however organized, from securing the release of a defendant unless specifically authorized under bail laws.
• Only specific individuals or entities, such as family members, legal guardians, employers, or professional bondsmen, can secure a defendant's release without needing special approval.
• Entities other than those mentioned above are limited to posting security for no more than three defendants in any calendar year and only once per year for each individual defendant.

Who It Names or Affects

• People who are arrested and need bail to be released from jail.
• Entities that want to secure a defendant's release, like companies or groups.
• Courts that handle criminal cases and set bail conditions.

Terms To Know

Family

Includes relatives up to the third degree of blood relation or marriage, as well as people living in the same household.

Legal Guardian

A person legally responsible for taking care of a minor child.

Limits and Unknowns

• The bill does not specify how many defendants an approved entity can help release.
• It is unclear what the exact financial impact will be on local governments due to these changes.

Official Summary Text

This bill prohibits an entity,
however organized,
from
secur
ing
the release of a defendant unless specifically authorized under
bail laws
.

An entity, other than the defendant, a member of the defendant's family, the defendant's legal guardian, the defendant's employer, or a professional bondsman, seeking to secure the release of a defendant must be approved
with regard to sufficiency of sureties
for each bond the entity seeks to secure.
However, such an
entity
is prohibited from
post
ing
security for more
than
three
defendants in any calendar year, or for a single defendant more than
one
time per calendar year.

As used above, "family" includes
(
i
)
a
ny person related to such person within the third degree of consanguinity or affinity or

(
ii
)
a
ny person living in the same household as such person
.

EQUITY POWERS OF COURT

Present law authorizes a
ny criminal court or general sessions court
to
conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense
for the purpose of securing an appearance bond or to pay the premium for the bond.

Present law authorizes a
ny court
to
require the defendant or bonding agent to prove in open court the source of such bond or premium before accepting the bond, and the burden of proof
is
upon the party seeking the approval or acceptance of the bond.
This bill revises this provision to expand the persons required to provide such proof from "a defendant or bonding agent" to, instead, "a defendant or proposed surety".

Current Bill Text

HOUSE BILL 1450
By Baum

SENATE BILL 1708
By Taylor
SB1708
009770
- 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, Title 40, Chapter 11, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Family," when used with reference to a person, includes:
(A) Any person related to such person within the third degree of
consanguinity or affinity; or
(B) Any person living in the same household as such person; and
(2) "Legal guardian" means a person having the legal authority to provide
for the care, supervision, and control of a minor child as established by law or
court order.
(b) An entity, however organized, shall not secure the release of a defendant
unless specifically authorized under this chapter.
(c) An entity, other than the defendant, a member of the defendant's family, the
defendant's legal guardian, the defendant's employer, or a professional bondsman
authorized under § 40-11-124, seeking to secure the release of a defendant must be
approved in accordance with § 40-11-123 for each bond the entity seeks to secure.
(d) An entity, other than the defendant, a member of the defendant's family, the
defendant's legal guardian, the defendant's employer, or a professional bondsman
authorized under § 40-11-124, shall not post security for more than three (3) defendants
in any calendar year, or for a single defendant more than one (1) time per calendar year.

- 2 - 009770

SECTION 2. Tennessee Code Annotated, Section 39-11-715, is amended by deleting
"bonding agent" and substituting "proposed surety".
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.