SB0101113th GA (Historical)Introduced

Amends TCA Title 39 and Title 40.

This bill makes changes to the law regarding bail as described below. Present law generally provides the following: (1) A person charged with a bailable offense may, 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; (2) If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community; (3) In making determinations under (1) and (2), the magistrate must consider any available results of a validated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. In making this determination, present law authorizes the magistrate to also consider certain other factors; and (4) A person charged only with driving with a canceled, suspended or revoked license, whose driving privilege was canceled, suspended, or revoked solely because of a failure to pay litigation taxes, court costs, or fines assessed as a result of the disposition of a criminal offense, and who does not have a prior conviction for failure to appear within the previous 10 years, must 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. This bill adds to the provisions above that a magistrate is prohibited from releasing, on the defendant's personal recognizance or upon execution of an unsecured bond, a defendant charged with aggravated assault, or assault against a first responder or nurse, that involves strangulation of the victim. Instead, the magistrate must require the defendant to post bail to reasonably ensure the appearance of the person as required and the safety of the community, in addition to any other conditions of release imposed. For purposes of the offense of assault against a first responder, present law defines a "first responder" as a firefighter; emergency services personnel; POST-certified law enforcement officer; capitol police officer; Tennessee highway patrol officer; Tennessee bureau of investigation (TBI) agent; Tennessee wildlife resources agency (TWRA) officer; park ranger employed by the division of parks and recreation in the department of environment and conservation; and other person who responds to calls for emergency assistance from a 911 call.

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Overview

This bill makes changes to the law regarding bail as described below. Present law generally provides the following: (1) A person charged with a bailable offense may, 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; (2) If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community; (3) In making determinations under (1) and (2), the magistrate must consider any available results of a validated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. In making this determination, present law authorizes the magistrate to also consider certain other factors; and (4) A person charged only with driving with a canceled, suspended or revoked license, whose driving privilege was canceled, suspended, or revoked solely because of a failure to pay litigation taxes, court costs, or fines assessed as a result of the disposition of a criminal offense, and who does not have a prior conviction for failure to appear within the previous 10 years, must 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. This bill adds to the provisions above that a magistrate is prohibited from releasing, on the defendant's personal recognizance or upon execution of an unsecured bond, a defendant charged with aggravated assault, or assault against a first responder or nurse, that involves strangulation of the victim. Instead, the magistrate must require the defendant to post bail to reasonably ensure the appearance of the person as required and the safety of the community, in addition to any other conditions of release imposed. For purposes of the offense of assault against a first responder, present law defines a "first responder" as a firefighter; emergency services personnel; POST-certified law enforcement officer; capitol police officer; Tennessee highway patrol officer; Tennessee bureau of investigation (TBI) agent; Tennessee wildlife resources agency (TWRA) officer; park ranger employed by the division of parks and recreation in the department of environment and conservation; and other person who responds to calls for emergency assistance from a 911 call.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 11, 2023

Subjects
03101215

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SB0101: Amends TCA Title 39 and Title 40. | LegisGo