SB2412113th GA (Historical)Introduced

Amends TCA Title 39 and Title 40.

Present law authorizes a magistrate to release any person charged with a bailable offense on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. 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 and the safety of the community. If a defendant is released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond, then this bill requires the magistrate to enter an order requiring the defendant to wear a GPS monitoring device, when the defendant is charged with felony theft of property, felony organized retail crime, felony mail theft, robbery, aggravated robbery, especially aggravated robbery, carjacking, burglary, aggravated burglary, or especially aggravated burglary. Under present law, if a defendant does not qualify for a release upon recognizance, then the magistrate must impose the least onerous restrictions that will ensure the defendant appears in court. Such conditions include releasing a defendant into the care of some qualified person or organization that is responsible for supervising the defendant, or imposing reasonable restrictions on the defendant's activities and movements. This bill adds the requirement that the magistrate enter an order requiring the defendant to wear a GPS monitoring device if the defendant is charged with any of the offenses described above. This bill requires the defendant to pay the costs associated with operating the GPS monitoring device unless the magistrate determines that the defendant is indigent. If the magistrate determines that the defendant is indigent, then the magistrate must order the defendant to pay any portion of the costs that the defendant has the ability to pay, as determined by the magistrate. Any portion of the costs that the defendant is unable to pay due to indigency must come from the electronic monitoring indigency fund established pursuant to state law, subject to the availability of funds.

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Overview

Present law authorizes a magistrate to release any person charged with a bailable offense on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. 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 and the safety of the community. If a defendant is released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond, then this bill requires the magistrate to enter an order requiring the defendant to wear a GPS monitoring device, when the defendant is charged with felony theft of property, felony organized retail crime, felony mail theft, robbery, aggravated robbery, especially aggravated robbery, carjacking, burglary, aggravated burglary, or especially aggravated burglary. Under present law, if a defendant does not qualify for a release upon recognizance, then the magistrate must impose the least onerous restrictions that will ensure the defendant appears in court. Such conditions include releasing a defendant into the care of some qualified person or organization that is responsible for supervising the defendant, or imposing reasonable restrictions on the defendant's activities and movements. This bill adds the requirement that the magistrate enter an order requiring the defendant to wear a GPS monitoring device if the defendant is charged with any of the offenses described above. This bill requires the defendant to pay the costs associated with operating the GPS monitoring device unless the magistrate determines that the defendant is indigent. If the magistrate determines that the defendant is indigent, then the magistrate must order the defendant to pay any portion of the costs that the defendant has the ability to pay, as determined by the magistrate. Any portion of the costs that the defendant is unable to pay due to indigency must come from the electronic monitoring indigency fund established pursuant to state law, subject to the availability of funds.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
031012151210

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