Amends TCA Title 16 and Title 40.

This bill revises various provisions governing bail, as follows:<br /> <br /> (1) Under present law, when the defendant has been arrested or held to answer for any bailable offense, the defendant is entitled to be admitted to bail. This bill adds that the defendant must receive a bail hearing to address any conditions or release or excessive bail within 48 hours of arrest or being held to answer for any bailable offense, unless the defendant waives that right;<br /> <br /> (2) Under present law, absent a showing that conditions on a release on recognizance will reasonably assure the appearance of the defendant, the magistrate must require bail to be given. This bill revises this provision to instead provide that if the magistrate determines by clear and convincing evidence that conditions on a release on recognizance will not reasonably assure the appearance of the defendant, then the magistrate must require bail to be given;<br /> <br /> (3) Under present law, a bail bondsman or surety must be released from an obligation under a bail bond if the charge against the surety's principal is disposed of by acquittal, agreement with the state, or retirement. This bill adds that if the defendant was acquitted, the defendant's charge dismissed, a no true bill returned by a grand jury, the defendant was not charged after arrest, or the court enters a nolle prosequi in the defendant's case, then the bondsman must return the premium fee paid by the defendant, but may retain an administrative fee of no more than 1 percent of the face value of the bond;<br /> <br /> (4) Under present law, professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature must assess a premium fee and related charges of up to 10 percent of the amount of the face value of the bond, and the premium fee and related charges must not be assessed more than once during the first 12 months of the pendency of the charge or charges and indictment or indictments in either the trial court or any lower court. If a premium renewal fee and any related charges are assessed after the first 12 months of the bond, then the renewal fee and charges are up to 20 percent of the original fee and charges. If the case is appealed to the court of criminal appeals or the supreme court of Tennessee, then there may be charged only one additional premium fee of up to 10 percent of the face value of the appearance bond for that court or courts. This bill revises the initial premium fee from "up to 10 percent" to "10 percent"; changes the premium renewal fee after the first 12 months of the bond from "up to 20 percent" of the original fee and charges to "20 percent"; and changes the additional premium fee for cases appealed to the court of criminal appeals or the supreme court of Tennessee from "up to 10 percent" to "10 percent". This bill makes similar changes in the provisions governing the assessments that may be made if a professional bondsman, or agent of an insurance company, is making a criminal appearance bond for a defendant who is not a resident of this state; and<br /> <br /> (5) This bill prohibits a bondsman from wearing or displaying any uniform, badge, or other item with any emblem or insignia that purports to indicate, or resembles an item that indicates, that the bondsman is an employee, officer, or agent of any local, state, or federal government.<br />