Amends TCA Title 40, Chapter 11.

Present law authorizes a person charged with a bailable offense to, before a magistrate authorized to admit the person to bail, be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. Present law further provides that if the magistrate orders that the person be released pending trial, then the magistrate is required to impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community.<br /> <br /> If a defendant does not qualify for a release upon recognizance under the above provisions, then present law requires the magistrate to impose the least onerous conditions reasonably likely to assure the defendant's appearance in court; and if conditions on release are found necessary, then the magistrate may impose one or more of certain conditions.<br /> <br /> This bill provides that despite the above provisions, a person charged with a Class A or B felony is prohibited from being released on the person's own recognizance without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges.<br /> <br /> Under present law, when a defendant has been admitted to and released on bail for a criminal offense, whether prior to or during trial or pending appeal, and the defendant is charged with the commission of one or more bailable offenses while released on bail, the judge is required to set the defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged.<br /> <br /> This bill rewrites the above provision to add that it also applies when a defendant is released pursuant to the above provisions regarding release on recognizance and conditions on release; and in addition to the requirement that the judge or magistrate must set the defendant's bail on each new offense in an amount that is at least double that which is customarily set for the offense charged, this bill also provides that the defendant can only be released pursuant to certain provisions for bonds and sureties.<br />