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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
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Haile, Doggett
Last action
2026-05-26
Official status
Comp. became Pub. Ch. 1026
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Bail, Bail Bonds

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.

What This Bill Does

  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

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. 2026-05-26 Tennessee General Assembly

    Comp. became Pub. Ch. 1026

  2. 2026-05-26 Tennessee General Assembly

    Effective date(s) 05/19/2026

  3. 2026-05-26 Tennessee General Assembly

    Pub. Ch. 1026

  4. 2026-05-19 Tennessee General Assembly

    Signed by Governor.

  5. 2026-05-07 Tennessee General Assembly

    Transmitted to Governor for his action.

  6. 2026-05-05 Tennessee General Assembly

    Signed by Senate Speaker

  7. 2026-04-30 Tennessee General Assembly

    Signed by H. Speaker

  8. 2026-04-30 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  9. 2026-04-23 Tennessee General Assembly

    Conference Committee report adopted, Ayes 33, Nayes 0

  10. 2026-04-22 Tennessee General Assembly

    Conf. comm. report adopted, Ayes 83, Nays 1, PNV 4

  11. 2026-04-21 Tennessee General Assembly

    H. Placed on Message Calendar for 4/22/2026

  12. 2026-04-20 Tennessee General Assembly

    Conference Committee appointed. (Haile, Hatcher, Lamar)

  13. 2026-04-16 Tennessee General Assembly

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

  14. 2026-04-16 Tennessee General Assembly

    H. refused to recede from its non-concurrence

  15. 2026-04-16 Tennessee General Assembly

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

  16. 2026-04-16 Tennessee General Assembly

    Senate refused to recede from amendment

  17. 2026-04-15 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/16/2026

  18. 2026-04-14 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/16/2026

  19. 2026-04-14 Tennessee General Assembly

    H. nonconcurred in S. am. no. 1

  20. 2026-04-13 Tennessee General Assembly

    H. Placed on Message Calendar

  21. 2026-04-09 Tennessee General Assembly

    Companion House Bill substituted

  22. 2026-04-09 Tennessee General Assembly

    Passed Senate as amended, Ayes 30, Nays 0

  23. 2026-04-09 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0912)

  24. 2026-04-09 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  25. 2026-04-09 Tennessee General Assembly

    Received from House, Passed on First Consideration

  26. 2026-04-07 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/9/2026

  27. 2026-04-06 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  28. 2026-04-06 Tennessee General Assembly

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

  29. 2026-04-02 Tennessee General Assembly

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

  30. 2026-04-01 Tennessee General Assembly

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

  31. 2026-04-01 Tennessee General Assembly

    Sponsor(s) Added.

  32. 2026-04-01 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  33. 2026-03-25 Tennessee General Assembly

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

  34. 2026-03-25 Tennessee General Assembly

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

  35. 2026-03-25 Tennessee General Assembly

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

  36. 2026-03-24 Tennessee General Assembly

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

  37. 2026-03-24 Tennessee General Assembly

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

  38. 2026-03-23 Tennessee General Assembly

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

  39. 2026-03-23 Tennessee General Assembly

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

  40. 2026-03-18 Tennessee General Assembly

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

  41. 2026-03-18 Tennessee General Assembly

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

  42. 2026-03-18 Tennessee General Assembly

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

  43. 2026-03-16 Tennessee General Assembly

    Reset on Final calendar of Senate Judiciary Committee

  44. 2026-03-11 Tennessee General Assembly

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

  45. 2026-03-11 Tennessee General Assembly

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

  46. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  47. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  48. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  49. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  50. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  51. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  52. 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.

ON APRIL 20, 2026, THE SENATE APPOINTED A CONFERENCE COMMITTEE.

ON APRIL 23, 2026, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT.

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.