Amends TCA Title 40, Chapter 11.

This bill revises various provisions relative to bail, as follows: (1) Clarifies that the factors that a magistrate considers when determining whether to release a person on the person's personal recognizance or upon the execution of an unsecured appearance bond must be on a form, approved by the administrative office of the courts, containing a matrix with the factors; (2) Requires, upon making a release determination as described above in (1), the magistrate to: reduce the magistrate's determination to writing on the form described above in (1) including all factors used in making the determination; sign the form; and file the form with the clerk. This bill requires the clerk to include the form in the defendant's case file; (3) Creates, in making a release determination as described above in (1), a rebuttable presumption that a person charged with a bailable offense will not violate the conditions of the person's release if: the person is charged with an offense that, if convicted, would be eligible for expunction under present law; and the person has not been previously convicted of an offense that is not eligible for expunction. This bill authorizes the magistrate to consider the factors listed in present law in determining if the presumption has been overcome. If a magistrate determines that the presumption has not been overcome, the magistrate will release the person pending trial on the person's recognizance or upon the execution of an unsecured appearance bond; (4) Adds that a defendant for whom bail has been set in an amount not to exceed $7,500 may execute a bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the sum of: 10 percent of the amount of the bail set; and the amount of any required bail bond tax. Upon depositing this sum, the defendant will be released from custody subject to the conditions of the bail bond. This bill allows the clerk to assess an administrative fee of 10 percent of the deposit and deduct this fee upon deposit by the defendant. If the conditions of the bail bond have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court will return to the defendant, unless the court orders otherwise, the entire sum which had been deposited, including any administrative fee assessed by the clerk. If a judgment for fine, court costs, restitution, or any combination thereof, is entered in the prosecution of a cause in which such a deposit had been made by the defendant, then the deposit must be applied to the payment of any fine, court costs, restitution, or any combination thereof, in the following manner: (A) The deposit must first be credited toward any judgment for restitution; and (B) Any remaining portion of the deposit must then be credited toward any judgment for fine, court costs, or any combination thereof; (5) Revises the present law provisions governing judgment for fine and costs and the application of a deposit toward those items. Present law provides that if a judgment for fine and court costs, or either, is entered in the prosecution of a cause in which a deposit had been made by defendant, the deposit must be applied to the payment of the judgment. This bill revises this provision to instead provide that if a judgment for fine, court costs, restitution, or any combination thereof, is entered in the prosecution of a cause in which a deposit had been made by the defendant, the deposit must be applied to the payment of any fine, court costs, restitution, or any combination thereof, in the manner described above in (4)(A) and (B); and (6) Adds that if the defendant released upon posting bail bond under the provisions described above in (4) does not comply with the conditions of the bail bond, then the court having jurisdiction will enter an order declaring the bail to be forfeited. Notice of the order or forfeiture must be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within 30 days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court will enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made, as described above in (4), will be applied to payment of restitution, judgment, and costs in the following manner: (A) The deposit must first be credited toward any judgment for restitution; (B) Any remaining portion of the deposit must then be credited toward any costs actually incurred by a law enforcement agency that executes a warrant for the defendant's arrest for the failure to appear. The law enforcement agency must submit actual costs incurred by the agency executing the arrest warrant to the court; and (C) Any remaining portion of the deposit must then be credited toward any judgment for fine, court costs, or any combination thereof.