HB2714113th GA (Historical)Introduced

Amends TCA Title 40, Chapter 11, Part 1.

Under present law, a defendant for whom bail has been set may execute the bail bond and deposit with the court clerk before which the proceeding is pending a sum of money in cash equal to the amount of the bail. In lieu of this bail deposit, a bail bond may be secured by a solvent corporate surety or sureties or a professional bail bondsman as approved, qualified, or regulated under the present law. However, a bond must not be approved unless the surety on the bond appears to be qualified. This bill prohibits a court, magistrate, or clerk from requiring the posting of additional deposits of security with the court by corporate sureties regulated by the department of commerce and insurance. Further, a court, magistrate, or officer must not disqualify or restrict the posting of a bail bond by a corporate surety bond due solely to the fact that the surety is a corporate surety. SUFFICIENCY OF SURETIES Present law requires each surety to be sufficient, and that the district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties. However, this bill prohibits the court, magistrate, or officer from requiring an additional deposit of security or disallow a bail bond posted by corporate sureties. This bill provides that if a court, magistrate, or officer disqualifies a corporate surety or professional bail bondsmen, then the defendant may request a hearing in which the district attorney general must establish by a preponderance of the evidence that the corporate surety or professional bail bond should be disqualified. If the court or magistrate disables or restricts the posting of bonds by a corporate surety regulated by the department of commerce and insurance, in part or in whole, permanently or for any period of time, as to the posting of a bail bond or bonds in a particular case or in general within the court or magistrate's jurisdiction, then the court or magistrate must: (1) Describe with particularity the specific disability or restriction upon the corporate surety and serve notice to the corporate surety of such disability or restriction within 10 days; (2) Hear from the corporate surety in open court at the request of the corporate surety, or in writing, within 30 days of such service having been given; and (3) Issue a written ruling on any such disabilities or restrictions no later than 60 days after notifying the surety of such disability or restriction, which the corporate surety may take an expedited appeal therefrom.

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Overview

Under present law, a defendant for whom bail has been set may execute the bail bond and deposit with the court clerk before which the proceeding is pending a sum of money in cash equal to the amount of the bail. In lieu of this bail deposit, a bail bond may be secured by a solvent corporate surety or sureties or a professional bail bondsman as approved, qualified, or regulated under the present law. However, a bond must not be approved unless the surety on the bond appears to be qualified. This bill prohibits a court, magistrate, or clerk from requiring the posting of additional deposits of security with the court by corporate sureties regulated by the department of commerce and insurance. Further, a court, magistrate, or officer must not disqualify or restrict the posting of a bail bond by a corporate surety bond due solely to the fact that the surety is a corporate surety. SUFFICIENCY OF SURETIES Present law requires each surety to be sufficient, and that the district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties. However, this bill prohibits the court, magistrate, or officer from requiring an additional deposit of security or disallow a bail bond posted by corporate sureties. This bill provides that if a court, magistrate, or officer disqualifies a corporate surety or professional bail bondsmen, then the defendant may request a hearing in which the district attorney general must establish by a preponderance of the evidence that the corporate surety or professional bail bond should be disqualified. If the court or magistrate disables or restricts the posting of bonds by a corporate surety regulated by the department of commerce and insurance, in part or in whole, permanently or for any period of time, as to the posting of a bail bond or bonds in a particular case or in general within the court or magistrate's jurisdiction, then the court or magistrate must: (1) Describe with particularity the specific disability or restriction upon the corporate surety and serve notice to the corporate surety of such disability or restriction within 10 days; (2) Hear from the corporate surety in open court at the request of the corporate surety, or in writing, within 30 days of such service having been given; and (3) Issue a written ruling on any such disabilities or restrictions no later than 60 days after notifying the surety of such disability or restriction, which the corporate surety may take an expedited appeal therefrom.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
03100913

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HB2714: Amends TCA Title 40, Chapter 11, Part 1. | LegisGo