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SB2161 • 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
Haile, Doggett
Last action
2026-04-09
Official status
Companion House Bill substituted
Effective date
Not listed

Plain English Breakdown

The bill summary text and official digest indicate an amendment reducing the time frame from 10 to 3 business days was proposed but ultimately non-concurred with by both chambers.

Changes to Bail and Fugitive Lists

This bill modifies Tennessee laws regarding placing defendants on fugitive lists for certain failures to appear and extends the time frame for sureties to be relieved of liability.

What This Bill Does

  • Removes the requirement to place a defendant who fails to appear for non-violent or non-sexual felony charges on state or federal fugitive lists.
  • Extends the period from three business days to ten business days for courts to enter bench warrants or capias into state or federal databases before relieving sureties of liability.

Who It Names or Affects

  • Courts in Tennessee
  • Defendants who fail to appear for certain charges
  • Sureties providing bail bonds

Terms To Know

Fugitive from justice
A person who has skipped a court appearance and is considered to be running away from the law.
Bench warrant
An order issued by a judge for someone's arrest when they do not show up in court as ordered.

Limits and Unknowns

  • The bill does not specify what happens if a defendant is placed on the list after ten business days.
  • It is unclear how this change will affect public safety and court operations.

Amendments

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

Amendment 1-0 to SB2161

Plain English: The amendment changes the time limit from ten business days to three business days for a specific provision related to bail.

  • Changes 'ten (10) business days' to 'three (3) business days' in Section 2 of the bill.
  • The amendment text does not provide context about what action or process these time limits refer to, so more details are needed to fully understand its impact.

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

    Companion House Bill substituted

  10. 2026-04-09 Tennessee General Assembly

    Passed Senate as amended, Ayes 30, Nays 0

  11. 2026-04-09 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0912)

  12. 2026-04-09 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  13. 2026-04-09 Tennessee General Assembly

    Received from House, Passed on First Consideration

  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

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

  22. 2026-03-25 Tennessee General Assembly

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

  23. 2026-03-25 Tennessee General Assembly

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

  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 Senate Judiciary Committee calendar for 3/23/2026

  29. 2026-03-18 Tennessee General Assembly

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

  30. 2026-03-18 Tennessee General Assembly

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

  31. 2026-03-16 Tennessee General Assembly

    Reset on Final calendar of Senate Judiciary Committee

  32. 2026-03-11 Tennessee General Assembly

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

  33. 2026-03-11 Tennessee General Assembly

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

  34. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  35. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  36. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  37. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  38. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  39. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  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 
HOUSE BILL 2374
By Doggett

SENATE BILL 2161
By Haile
SB2161
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.