Amends TCA Title 40.

Under present law, when a defendant has been arrested or held to answer for a bailable offense, the defendant is entitled to be admitted to bail by the committing magistrate, by a judge of the circuit or criminal court, or by the clerk of a circuit or criminal court. However, if admitted to bail by the clerk of a circuit or criminal court, then the defendant has a right to petition the judge of the circuit or criminal court if the defendant feels that the bail set is excessive, and must be given notice of this fact by the clerk. Present law only authorizes the clerk of a circuit or criminal court to admit the defendant to bail if the judge is not present in the court and the clerk reasonably believes that the judge will not be present within three hours after the defendant has been committed to the county or city jail, following arrest.<br /> <br /> This bill provides that despite the above provisions, if a defendant has been arrested or held to answer for a Class A or Class B felony bailable offense, then the defendant can only be admitted to bail by a judge or the circuit or criminal court.<br /> <br /> ON APRIL 10, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 830, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to revise present law relative to admission to bail, as described below.<br /> <br /> RELEASE ON RECOGNIZANCE<br /> <br /> 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. This amendment adds that a person charged with a Class A or Class B felony, aggravated assault, aggravated assault against a first responder, or domestic assault is prohibited from being released on their 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 /> CONDITIONS ON RELEASE<br /> <br /> Under present law, if a defendant does not qualify for a release upon recognizance, then the magistrate must impose the least onerous conditions reasonably likely to assure the defendant's appearance in court. If conditions on release are found necessary, then present law authorizes the magistrate to impose certain conditions, including, but not limited to, releasing the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This amendment prohibits a person charged with a Class A or Class B felony, aggravated assault, aggravated assault against a first responder, or domestic assault from being released pursuant to the above provision without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges.<br /> <br /> BAIL FOR DEFENDANT CHARGED WITH COMMISSION OF CRIME WHILE FREE ON BAIL<br /> <br /> Present law provides that 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 shall 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. This amendment revises this provision to additionally require that such defendant only be released pursuant to provisions governing bail deposits and bail bonds.<br />