Bail, Bail Bonds

Plain English Breakdown

The bill summary does not provide information about the cost of GPS devices for defendants, their rights, or privacy concerns.

Global Positioning Monitoring for Certain Offenses

This bill requires defendants accused of specific offenses to wear a GPS monitoring device as a condition of bail unless they no longer pose a threat to victims or public safety.

What This Bill Does

• Requires courts and magistrates to order defendants arrested for certain crimes to use GPS monitoring devices if released on bail, unless it is determined that they do not threaten victim safety or public security.
• Lists offenses such as carrying weapons during a crime, domestic assault, vehicle burglary, reckless driving, drag racing, and repeat theft or burglary offenses where the requirement applies.
• Requires court clerks to report monthly to the administrative office of the courts about defendants using GPS monitoring devices.
• Directs the administrative office of the courts to compile an annual report on the number of defendants under GPS monitoring by July 1 each year.

Who It Names or Affects

• Defendants arrested for specific offenses listed in the bill
• Courts and magistrates who handle bail conditions
• Court clerks responsible for reporting data

Terms To Know

Global Positioning Monitoring System (GPS)

A device that tracks a person's location using satellites.

Bail

Money or other security given to the court to allow someone who has been arrested to be released from custody until their trial.

Limits and Unknowns

• The bill does not specify what happens if a defendant cannot afford the GPS monitoring device.
• It is unclear how this will affect defendants' rights or privacy concerns.
• The financial impact on local governments for implementing and maintaining GPS monitoring systems is not fully detailed.

Official Summary Text

Following the arrest of a defendant for any of the following offenses, this bill requires the court or magistrate to order the defendant to wear a global positioning monitoring system device as a condition of bail, unless the court or magistrate finds the
offender no longer poses a threat to the alleged victim or public safety:



An offense, during the course of which (i) the defendant carried, possessed, or used a firearm or dangerous weapon; (ii) a person was killed or suffered serious bodily injury; or (iii) the defendant used force against the person of another
.


Domestic assault
.


Burglary of a freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle
.


Reckless driving
.


Drag Racing
.


A second or subsequent offense constituting burglary or theft offenses
.

This bill requires the clerk of each court that orders the use of global positioning monitoring pursuant to this bill to report the number of defendants currently subject to such an order and the offenses for which the defendant is awaiting trial on a mo
nthly basis to the administrative office of the courts. The administrative office of the courts must compile an annual report of the number of defendants subject to such an order, including totals for each county, to be submitted to the committee of the
ho
use of representatives with jurisdiction over criminal justice and the judiciary committee of the senate by July 1 of each year.

Current Bill Text

HOUSE BILL 2296
By Hardaway

SENATE BILL 2665
By Akbari
SB2665
012587
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 40 and Title 55, relative to global positioning
monitoring.

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 new section:
(a) Following the arrest of a person for an offense listed in subsection (b), the
court or magistrate shall order the defendant to wear a global positioning monitoring
system device as a condition of bail as set forth in § 40-11-152(b)(2), unless the court or
magistrate finds the offender no longer poses a threat to the alleged victim or public
safety.
(b) This section applies to a defendant arrested for:
(1) An offense, during the course of which:
(A) The defendant carried, possessed, or used a firearm or
dangerous weapon;
(B) A person was killed or suffered serious bodily injury; or
(C) The defendant used force against the person of another;
(2) Domestic assault, under § 39-13-111;
(3) Burglary of a freight or passenger car, automobile, truck, trailer, boat,
airplane, or other motor vehicle, under § 39-13-1002(a)(4);
(4) Reckless driving, under § 55-10-205;
(5) Drag racing, under § 55-10-502; or

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(6) A second or subsequent offense under title 39, chapter 13, part 10 or
title 39, chapter 14, part 1.
(c) The clerk of each court that orders the use of global positioning monitoring
pursuant to subsection (a) shall report the number of defendants currently subject to
such an order and the offenses for which the defendant is awaiting trial on a monthly
basis to the administrative office of the courts. The administrative office of the courts
shall compile an annual report of the number of defendants subject to such an order,
including totals for each county, to be submitted to the committee of the house of
representatives with jurisdiction over criminal justice and the judiciary committee of the
senate by July 1 of each year.
SECTION 2. Tennessee Code Annotated, Section 40-11-152(b)(2), is amended by
deleting the language:
Pursuant to § 40-11-150(n), if the court or magistrate finds probable cause to
believe that one (1) or more of the circumstances in§ 40-11-150(n)(1) did occur, then
unless the court or magistrate finds the offender no longer poses a threat to the alleged
victim or public safety and makes such a finding in a written order, the court or
magistrate shall order a defendant who is charged with the offense of aggravated
assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv), in which the
alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601, to do
the following as a condition of bail:
and substituting instead:
Pursuant to § 40-11-150(n) and SECTION 1, if the court or magistrate finds
probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1)
or SECTION 1(b) did occur, then unless the court or magistrate finds the offender no
longer poses a threat to the alleged victim or public safety and makes such a finding in a

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written order, the court or magistrate shall order the defendant to do the following as a
condition of bail:
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.