Amends TCA Title 5, Chapter 1, Part 3; Title 16, Chapter 15; Title 40, Chapter 11 and Title 40, Chapter 1.

This bill adds and revises various provisions regarding bail, as follows: (1) This bill requires the clerk for each court of record with criminal jurisdiction to annually provide the administrative office of the courts (AOC) a list of professional bondsmen or other sureties approved and qualified as solvent to write bail by those courts within the county. Each clerk must notify the AOC of any change to the list within two business days of the change and must post the list on its website and update the website with any changes as appropriate; (2) This bill requires the Tennessee association of professional bail agents to provide the administrative office of the courts a complete list of each certificate issued within two weeks from the date of issuance; (3) This bill provides that a defendant may be admitted to bail on any day and at any time; (4) This bill requires that a defendant receive a bail hearing to address any conditions of release within 48 hours of arrest or being held to answer for a bailable offense, unless the defendant waives the right to a hearing; (5) Present law provides for a party making a motion to change bail or change conditions of release. This bill adds that upon request of the defendant or the district attorney general or by the issuing authority, after notice to the defendant and the district attorney general and an opportunity to be heard at a hearing, an issuing authority may modify the amount of bail or conditions of release. If the defendant is detained, the hearing must be conducted within seven days of the defendant's request for a hearing. If the defendant is not detained, the hearing may be held at any time before a verdict is reached; (6) This bill provides that an existing bail order may be modified at the preliminary hearing and that an existing bail order may be modified by the criminal court judge: (A) At any time before a verdict upon motion of counsel for either party with notice to opposing counsel and after a hearing on the motion; or (B) At trial or a pretrial hearing in open court on the record when both parties are present; (7) In regard to the training for county officials, under the County Officials Certificate Training Program Act, this bill requires that of the 24 course-specific hours for sheriffs and state court clerks who serve courts of criminal jurisdiction, three hours on bail law be included. This bill authorizes the University of Tennessee institute of public service for government training to establish an agreement with the Tennessee association of professional bail agents for the instruction of the three hours of course work; (8) This bill increases from "at least one hour" to "at least two hours" the requirement for classes concerning bail that a judicial commissioner must complete; (9) This bill authorizes the Judicial Commissioners Association of Tennessee to establish an agreement with the Tennessee association of professional bail agents for the two hours of course work concerning bail; (10) Present law requires all general sessions court judges to attend seminars offered for the particular benefit of the judges. This bill adds that for general sessions judges who exercise criminal jurisdiction, the administrative director of the courts must include on a regular basis a training session concerning bail law. The administrative director of the courts may establish an agreement with the Tennessee association of professional bail agents for the training session on bail law; (11) Present law requires each person acting as a bounty hunter, including a professional bondsman acting as a bounty hunter, to obtain eight continuing education credits during each 12-month period, and at least five of the eight hours must have a specific focus on bounty hunting. This bill increases the amount of required continuing education hours from eight to 12 and requires that at least four of the 12 hours focus on bounty hunting; (12) This bill authorizes the Tennessee association of professional bail agents to present up to three virtual classes annually. This bill increases from $240 annually to $360 annually the amount the association may charge (this reflects the increase in the required hours of training from eight to 12); (13) This bill requires the Tennessee association of professional bail agents to provide 12 hours of instruction to bounty hunters, four hours of which must be on matters specific to bounty hunters. This bill also requires that any certificate, pocket card, or other proof of attendance must bear a unique endorsement to differentiate the proof from the general educational requirements for bail agents; (14) This bill provides that, beginning January 1, 2023, a person may not attend a continuing education class under the bail provisions who has been convicted in any state of a crime equivalent to a felony in this state or two or more misdemeanors that are equivalent to Class A or Class B misdemeanors in this state; provided, however, the misdemeanor convictions must have occurred within five years of the date of the continuing education class in order to disqualify the person; (15) This bill requires the Tennessee association of professional bail agents and the Tennessee bureau of investigation to: (A) Create practices and procedures that allow the Tennessee association of professional bail agents to receive, review, interpret, and store the results of the criminal background check required in this section in a manner that ensures the confidentiality of the information; and (B) Maintain and provide a list of agencies and vendors capable of providing the appropriate background check or, in the alternative, provide the background check directly; and (16) Under this bill, not less than 90 days before a scheduled continuing education class, a person seeking to attend must submit to a criminal history background check, with the results being reported directly to the Tennessee association of professional bail agents. The person submitting to the criminal history background check is responsible for any fees associated with the background check. The criminal background check must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. If the Tennessee association of professional bail agents determines that an applicant has a disqualifying criminal history, then the association must inform the applicant of the association's determination. If the association fails to make a determination as to a disqualifying criminal history, then the applicant is presumed to have no disqualifying criminal history. If the applicant believes that the decision of the association is in error or that there are extenuating circumstances that would permit attendance notwithstanding the criminal history, the applicant may appeal the association's decision. This bill sets out in detail the process for the appeal. This bill's changes to the amount of continuing education required will take effect January 1, 2023. All other provisions of this bill will take effect either upon becoming law or July 1, 2022.