All Bail, Bail Bonds Legislation - Tennessee
HB4010
Latest Action: 06/06/2008 - Companion became Public Chapter 1030 Bill Text Companion Bill SB3224. Bail, Bail Bonds - Designates as unprofessional conduct for a bail bondsman engaging in business of bondsman or surety without maintaining business office, business telephone, and appropriate signage; requires that any listing or description of bondsmen or surety agents in a jail, workhouse, or other correctional facility be done in terms of seniority, based upon the length of continuous experience in bail bond matters; the sheriff or other person in charge of the jail, workhouse, or other correctional facility would have the final decision over the listing of bonding companies or surety agents. - Amends TCA Section 40-11-126. Fiscal Summary for HB4010 / *SB3224 MINIMAL Bill Summary for HB4010 / *SB3224 ON MAY 1, 2008, THE HOUSE SUBSTITUTED SENATE BILL 3224 FOR HOUSE BILL 4010, ADOPTED AMENDMENT #1, AND PASSED SENATE [...] show full description (1) Comment About This Bill HB3406
Latest Action: 06/20/2008 - Companion became Public Chapter 1131 Bill Text Companion Bill SB3152. Bail, Bail Bonds - Authorizes release of a surety from liability for undertaking bail bond if the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer. - Amends TCA Section 40-11-201. Fiscal Summary for HB3406 / *SB3152Decrease State Revenue - Less Than $100,000 Decrease Local Revenue - Less Than $100,000 Bill Summary for HB3406 / *SB3152 Under present law, if a defendant who gives bail does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties or the court may grant an extension. An appearance or bail bond remains in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority.[...] show full description Latest Action: 02/08/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB2772. Bail, Bail Bonds - Requires notice that persons who can post their own bail are not required to use bail bondsman in order to obtain bail bond. - Amends TCA Title 40, Chapter 11. Fiscal Summary for HB3383 / *SB2772 MINIMAL Bill Summary for HB3383 / *SB2772 Present law requires bondsmen to provide persons who use their services with a notice that advises the consumer of the maximum allowable fee, the right to obtain a receipt from the bondsman, and the fact that requiring collateral in addition to the maximum allowable fee is within the discretion of the bondsman. This bill requires the bondsmen's notice to include a statement advising consumers that a person does not require the services of a bondsman to post his or her own bail by cash deposit, pledging real estate, or executing a written undertaking with [...] show full description Latest Action: 04/15/2008 - Recommended for Passage w/ am., Referred to Senate Finance, Ways and Means Comm. Ayes 8, Nays 0 PNV 1 Bill Text Companion Bill HB2860. Bail, Bail Bonds - Creates a presumption when determining the amount of bail that any defendant not lawfully present in the United States is a risk of flight; requires jailers to determine citizenship status of persons charged with a felony or with a second or subsequent DUI. - Amends TCA Title 40. Fiscal Summary for SB3213 / *HB2860Increase Local Expenditures* - Exceeds $100,000 Bill Summary for SB3213 / *HB2860 Under this bill, when a person charged with a felony or with driving under the influence is confined, for any period, in the jail of the county or any municipality, a reasonable effort would have to be made to determine the citizenship status of the person so confined. Such effort may include reviewing documents in the possession of the prisoner. If the keeper of the jail or other office cannot determine [...] show full description Latest Action: 06/06/2008 - Public Chapter 1030 Bill Text Companion Bill HB4010. Bail, Bail Bonds - Designates as unprofessional conduct for a bail bondsman engaging in business of bondsman or surety without maintaining business office, business telephone, and appropriate signage; requires that any listing or description of bondsmen or surety agents in a jail, workhouse, or other correctional facility be done in terms of seniority, based upon the length of continuous experience in bail bond matters; the sheriff or other person in charge of the jail, workhouse, or other correctional facility would have the final decision over the listing of bonding companies or surety agents. - Amends TCA Section 40-11-126. Fiscal Summary for *SB3224 / HB4010 MINIMAL Bill Summary for *SB3224 / HB4010 ON MAY 1, 2008, THE HOUSE SUBSTITUTED SENATE BILL 3224 FOR HOUSE BILL 4010, ADOPTED AMENDMENT #1, AND PASSED SENATE [...] show full description HB2860
Latest Action: 05/19/2008 - Taken off notice for Calendar in Finance, Ways & Means Bill Text Companion Bill SB3213. Bail, Bail Bonds - Creates a presumption when determining the amount of bail that any defendant not lawfully present in the United States is a risk of flight; requires jailers to determine citizenship status of persons charged with a felony or with a second or subsequent DUI. - Amends TCA Title 40. Fiscal Summary for *HB2860 / SB3213Increase Local Expenditures* - Exceeds $100,000 Bill Summary for *HB2860 / SB3213 Under this bill, when a person charged with a felony or with driving under the influence is confined, for any period, in the jail of the county or any municipality, a reasonable effort would have to be made to determine the citizenship status of the person so confined. Such effort may include reviewing documents in the possession of the prisoner. If the keeper of the jail or other office cannot determine [...] show full description SB3152
Latest Action: 06/20/2008 - Public Chapter 1131 Bill Text Companion Bill HB3406. Bail, Bail Bonds - Authorizes release of a surety from liability for undertaking bail bond if the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer. - Amends TCA Section 40-11-201. Fiscal Summary for *SB3152 / HB3406Decrease State Revenue - Less Than $100,000 Decrease Local Revenue - Less Than $100,000 Bill Summary for *SB3152 / HB3406 Under present law, if a defendant who gives bail does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties or the court may grant an extension. An appearance or bail bond remains in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority.[...] show full description SJR0606
Latest Action: 01/17/2008 - Passed second consideration, Referred to Senate Delayed Bills Comm. Bill Text General Assembly, Studies - Creates a special joint committee to study limiting the amount of security collateral that bail bondsmen may require. - Fiscal Summary for *SJR0606Increase State Expenditures - $1,700 Each One-Day Meeting SB2823
Latest Action: 03/12/2008 - Assigned to Gen. Sub of Senate Jud. Comm. Bill Text Companion Bill HB2644. Sexual Offenses - Increases the age of a child for purposes of certain sexual offenses committed against children from age 13 to age 16; requires any child sexual predator, child rapist, or any person convicted of a violation of § 39-13-531 who has a prior conviction for certain sexual offenses to be sentenced to life without the possibility of parole; requires that a defendant's bail be at least $30,000 if the defendant is charged with a violation of a sexual offense and the victim is less than 16 years of age. - Amends TCA Title 39, Chapter 13 and Title 40, Chapter 11. Fiscal Summary for SB2823 / *HB2644Increase State Expenditures - $31,352,700/Incarceration* Increase Local Expenditures - Not Significant Bill Summary for SB2823 / *HB2644 This bill changes the age limits that apply to various sexual offenses [...] show full description SB2772
Latest Action: 01/17/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB3383. Bail, Bail Bonds - Requires notice that persons who can post their own bail are not required to use bail bondsman in order to obtain bail bond. - Amends TCA Title 40, Chapter 11. Fiscal Summary for *SB2772 / HB3383 MINIMAL Bill Summary for *SB2772 / HB3383 Present law requires bondsmen to provide persons who use their services with a notice that advises the consumer of the maximum allowable fee, the right to obtain a receipt from the bondsman, and the fact that requiring collateral in addition to the maximum allowable fee is within the discretion of the bondsman. This bill requires the bondsmen's notice to include a statement advising consumers that a person does not require the services of a bondsman to post his or her own bail by cash deposit, pledging real estate, or executing a written undertaking with [...] show full description SB2825
Latest Action: 03/18/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Bail, Bail Bonds - Requires that a defendant's bail be at least $30,000 if the defendant is charged with a violation of a sexual offense and the victim is less than 16 years of age. - Amends TCA Title 40, Chapter 11. Fiscal Summary for SB2825 / *HB2645Increase Local Expenditures - Not Significant Latest Action: 04/02/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee Bill Text Bail, Bail Bonds - Requires that a defendant's bail be at least $30,000 if the defendant is charged with a violation of a sexual offense and the victim is less than 16 years of age. - Amends TCA Title 40, Chapter 11. Fiscal Summary for *HB2645 / SB2825Increase Local Expenditures - Not Significant Latest Action: 03/12/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB2823. Sexual Offenses - Increases the age of a child for purposes of certain sexual offenses committed against children from age 13 to age 16; requires any child sexual predator, child rapist, or any person convicted of a violation of § 39-13-531 who has a prior conviction for certain sexual offenses to be sentenced to life without the possibility of parole; requires that a defendant's bail be at least $30,000 if the defendant is charged with a violation of a sexual offense and the victim is less than 16 years of age. - Amends TCA Title 39, Chapter 13 and Title 40, Chapter 11. Fiscal Summary for *HB2644 / SB2823Increase State Expenditures - $31,352,700/Incarceration* Increase Local Expenditures - Not Significant Bill Summary for *HB2644 / SB2823 This bill changes the age limits that apply to various sexual offenses [...] show full description HB2226
Latest Action: 04/11/2007 - Action Deferred in Subcommittee Criminal Practice and Procedure of Judiciary to 1st meeting 2008 Bill Text Companion Bill SB1563. DUI/DWI Offenses - Provides that, immediately upon conviction, certain DUI offenders must begin serving jail time; requires that certain offenders, who are convicted of driving on a suspended or revoked license, must serve consecutive sentences. - Amends TCA Section 40-35-116; Title 55, Chapter 10, Part 4 and Section 55-50-504. Fiscal Summary for HB2226 / *SB1563 Increase State Expenditures - $1,180,000 Increase Local Govt. Revenues - $1,180,000 Increase Local Govt. Expenditures* - $3,373,000 Bill Summary for HB2226 / *SB1563 This bill requires a defendant convicted of DUI to be jailed immediately if the defendant has a prior conviction for driving while the defendant's driver license was cancelled, suspended, or revoked for any reason. Thus, this bill requires the judge to revoke bail immediately in such cases, notwithstanding [...] show full description HB1454
Latest Action: 06/01/2007 - Public Chapter 255 Bill Text Bail, Bail Bonds - Allows court to grant an extension when defendant fails to appear in court instead of entering a conditional judgment. - Amends TCA Title 40, Chapter 11, Part 2. Fiscal Summary for HB1454 / *SB0459Increase State Expenditures - Not Significant SB1563
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB2226. DUI/DWI Offenses - Provides that, immediately upon conviction, certain DUI offenders must begin serving jail time; requires that certain offenders, who are convicted of driving on a suspended or revoked license, must serve consecutive sentences. - Amends TCA Section 40-35-116; Title 55, Chapter 10, Part 4 and Section 55-50-504. Fiscal Summary for *SB1563 / HB2226 Increase State Expenditures - $1,180,000 Increase Local Govt. Revenues - $1,180,000 Increase Local Govt. Expenditures* - $3,373,000 Bill Summary for *SB1563 / HB2226 This bill requires a defendant convicted of DUI to be jailed immediately if the defendant has a prior conviction for driving while the defendant's driver license was cancelled, suspended, or revoked for any reason. Thus, this bill requires the judge to revoke bail immediately in such cases, notwithstanding [...] show full description SB0681
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB0788. Bail, Bail Bonds - Revises requirements concerning bail forfeiture relief and payments. - Amends TCA Title 40, Chapter 11. Fiscal Summary for *SB0681 / HB0788Increase State Expenditures - $149,100 Recurring $7,200 One-Time Increase Local Govt. Expenditures* - $1,042,800 Bill Summary for *SB0681 / HB0788 Under present law, if a defendant whose release is secured by real estate or sureties does not comply with the conditions of the bail bond, the court having jurisdiction will enter an order declaring the bail to be forfeited. Notice of the order of forfeiture must be immediately sent by certified mail, restricted delivery, return receipt requested, by the clerk of the court to the defendant at the defendant's last known address. This bill adds that a court must declare a bail forfeited if the defendant [...] show full description SB0885
Latest Action: 06/01/2007 - Companion became Public Chapter 239 Bill Text Companion Bill HB0362. Bail, Bail Bonds - Specifies effects of disposition of criminal case on duration of bond. - Amends TCA Title 40. Fiscal Summary for SB0885 / *HB0362 MINIMAL Bill Summary for SB0885 / *HB0362 Under present law: (1) If a defendant in a criminal case executes a bond or recognizance for the defendant's personal appearance before a court to answer a criminal charge, the bond or recognizance is valid and binding upon the defendant and the defendant's sureties until the time allowed by law for the defendant to appeal a finding of guilt to the court of criminal appeals; (2) If the defendant timely appeals, the defendant is required to make a new bond to the court of criminal appeals, unless the trial judge, after examination of the original bond, sets out in a written order that the original [...] show full description HB0788
Latest Action: 02/21/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB0681. Bail, Bail Bonds - Revises requirements concerning bail forfeiture relief and payments. - Amends TCA Title 40, Chapter 11. Fiscal Summary for HB0788 / *SB0681Increase State Expenditures - $149,100 Recurring $7,200 One-Time Increase Local Govt. Expenditures* - $1,042,800 Bill Summary for HB0788 / *SB0681 Under present law, if a defendant whose release is secured by real estate or sureties does not comply with the conditions of the bail bond, the court having jurisdiction will enter an order declaring the bail to be forfeited. Notice of the order of forfeiture must be immediately sent by certified mail, restricted delivery, return receipt requested, by the clerk of the court to the defendant at the defendant's last known address. This bill adds that a court must declare a bail forfeited if the defendant [...] show full description SB0459
Latest Action: 06/01/2007 - Companion became Public Chapter 255 Bill Text Bail, Bail Bonds - Allows court to grant an extension when defendant fails to appear in court instead of entering a conditional judgment. - Amends TCA Title 40, Chapter 11, Part 2. Fiscal Summary for *SB0459 / HB1454Increase State Expenditures - Not Significant SB0511
Latest Action: 02/08/2007 - Passed second consideration, Referred to Senate Judiciary Comm. Bill Text Companion Bill HB0182. Bail, Bail Bonds - Permits convicted felons who have had their rights of citizenship restored to be bail bondsmen. - Amends TCA Title 40, Chapter 11. Fiscal Summary for SB0511 / *HB0182Increase Local Govt. Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for SB0511 / *HB0182 Present law prohibits convicted felons from being bail bondsmen or agents of bail bondsmen. This bill would limit the current prohibition against convicted felons serving as bail bondsmen or agents of bail bondsmen to only those convicted felons whose citizenship rights have not been restored. HB0362
Latest Action: 06/01/2007 - Public Chapter 239 Bill Text Companion Bill SB0885. Bail, Bail Bonds - Specifies effects of disposition of criminal case on duration of bond. - Amends TCA Title 40. Fiscal Summary for *HB0362 / SB0885 MINIMAL Bill Summary for *HB0362 / SB0885 Under present law: (1) If a defendant in a criminal case executes a bond or recognizance for the defendant's personal appearance before a court to answer a criminal charge, the bond or recognizance is valid and binding upon the defendant and the defendant's sureties until the time allowed by law for the defendant to appeal a finding of guilt to the court of criminal appeals; (2) If the defendant timely appeals, the defendant is required to make a new bond to the court of criminal appeals, unless the trial judge, after examination of the original bond, sets out in a written order that the original [...] show full description HB0182
Latest Action: 04/11/2007 - Failed In: Judiciary Committee Bill Text Companion Bill SB0511. Bail, Bail Bonds - Permits convicted felons who have had their rights of citizenship restored to be bail bondsmen. - Amends TCA Title 40, Chapter 11. Fiscal Summary for *HB0182 / SB0511Increase Local Govt. Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *HB0182 / SB0511 Present law prohibits convicted felons from being bail bondsmen or agents of bail bondsmen. This bill would limit the current prohibition against convicted felons serving as bail bondsmen or agents of bail bondsmen to only those convicted felons whose citizenship rights have not been restored. |
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