SB2564113th GA (Historical)Introduced

Amends TCA Title 40.

Present law provides that, upon an increase in the amount of bail required or the defendant's failure to comply with any condition of a bail bond or recognizance release, the court having jurisdiction at the time of the increase or failure must declare a forfeiture and may issue a warrant for the arrest of the defendant. This bill adds that a person who violates a condition of release also commits a Class A misdemeanor and authorizes law enforcement to arrest the person with or without a warrant. Under present law, the authorized term of imprisonment and fine for a Class A misdemeanor is generally not greater than 11 months, 29 days or a fine not to exceed $2,500. This bill provides that if an offender is arrested for stalking, aggravated stalking, especially aggravated stalking or the alleged victim is in a domestic relationship with the offender, and the violation of the condition of release is not a violation of an order of protection or restraining order, then the release condition violation must be punished in accordance with the above provision. Additionally, the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense. Similarly, this bill provides that if an offender is arrested for abuse or aggravated abuse of an elderly or vulnerable adult, or neglect or aggravated neglect of an elderly or vulnerable adult, and the violation of the condition of release is not a violation of an order of protection or restraining order, then the release condition violation must be punished in accordance with the above provision. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.

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Overview

Present law provides that, upon an increase in the amount of bail required or the defendant's failure to comply with any condition of a bail bond or recognizance release, the court having jurisdiction at the time of the increase or failure must declare a forfeiture and may issue a warrant for the arrest of the defendant. This bill adds that a person who violates a condition of release also commits a Class A misdemeanor and authorizes law enforcement to arrest the person with or without a warrant. Under present law, the authorized term of imprisonment and fine for a Class A misdemeanor is generally not greater than 11 months, 29 days or a fine not to exceed $2,500. This bill provides that if an offender is arrested for stalking, aggravated stalking, especially aggravated stalking or the alleged victim is in a domestic relationship with the offender, and the violation of the condition of release is not a violation of an order of protection or restraining order, then the release condition violation must be punished in accordance with the above provision. Additionally, the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense. Similarly, this bill provides that if an offender is arrested for abuse or aggravated abuse of an elderly or vulnerable adult, or neglect or aggravated neglect of an elderly or vulnerable adult, and the violation of the condition of release is not a violation of an order of protection or restraining order, then the release condition violation must be punished in accordance with the above provision. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
031013951215

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