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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

Amendment #1 reduces the time period within which a court can relieve a surety of liability from ten to three business days. This contradicts the original bill summary and needs clarification.

Changes to Bail and Fugitive Lists

This bill changes how Tennessee handles defendants who miss court appearances for certain crimes by removing some requirements to add them to fugitive lists and altering the time frame within which sureties can be relieved of liability.

What This Bill Does

  • Removes the requirement to place a defendant on state or federal fugitive lists if they fail to appear in court for non-violent felonies, violent or sexual Class A or B misdemeanors, or charges related to failure to appear.
  • Extends the time from three business days to ten business days within which a surety can be relieved of liability if the defendant is not placed on fugitive lists.

Who It Names or Affects

  • Defendants who miss court appearances for certain crimes
  • Courts that issue bench warrants or capias due to missed court dates
  • Sureties responsible for 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.
Surety
Someone or an entity that guarantees payment if a defendant does not show up in court as promised.

Limits and Unknowns

  • The bill's effects on public safety and judicial processes are not specified.
  • It is unclear how the changes will impact sureties' willingness to provide bail bonds for certain defendants.
  • Amendment #1 reduced from ten to three business days the time period within which a court may relieve a surety of liability.

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 for a complete understanding.

Bill History

  1. 2026-04-15 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/16/2026

  2. 2026-04-14 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/16/2026

  3. 2026-04-14 Tennessee General Assembly

    H. nonconcurred in S. am. no. 1

  4. 2026-04-13 Tennessee General Assembly

    H. Placed on Message Calendar

  5. 2026-04-09 Tennessee General Assembly

    Companion House Bill substituted

  6. 2026-04-09 Tennessee General Assembly

    Passed Senate as amended, Ayes 30, Nays 0

  7. 2026-04-09 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0912)

  8. 2026-04-09 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  9. 2026-04-07 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/9/2026

  10. 2026-04-06 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  11. 2026-04-06 Tennessee General Assembly

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

  12. 2026-04-02 Tennessee General Assembly

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

  13. 2026-04-01 Tennessee General Assembly

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

  14. 2026-04-01 Tennessee General Assembly

    Sponsor(s) Added.

  15. 2026-04-01 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  16. 2026-03-25 Tennessee General Assembly

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

  17. 2026-03-25 Tennessee General Assembly

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

  18. 2026-03-25 Tennessee General Assembly

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

  19. 2026-03-24 Tennessee General Assembly

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

  20. 2026-03-24 Tennessee General Assembly

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

  21. 2026-03-23 Tennessee General Assembly

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

  22. 2026-03-23 Tennessee General Assembly

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

  23. 2026-03-18 Tennessee General Assembly

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

  24. 2026-03-18 Tennessee General Assembly

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

  25. 2026-03-18 Tennessee General Assembly

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

  26. 2026-03-16 Tennessee General Assembly

    Reset on Final calendar of Senate Judiciary Committee

  27. 2026-03-11 Tennessee General Assembly

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

  28. 2026-03-11 Tennessee General Assembly

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

  29. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  30. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  31. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  32. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  33. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  34. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  35. 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.

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.