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Bill > HB0033
TN HB0033
TN HB0033AN ACT to amend Tennessee Code Annotated, Title 40, relative to pretrial release for certain offenses.
summary
Introduced
12/11/2024
12/11/2024
In Committee
04/17/2025
04/17/2025
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
114th General Assembly
Bill Summary
As introduced, establishes a presumption that a defendant should not be released on the defendant’s personal recognizance if the defendant is charged with an offense that involved the use or display of a firearm or resulted in the serious bodily injury or death of the victim; requires a magistrate who determines that the presumption has been rebutted to include in the bail order written findings for each factor considered in making such a determination. - Amends TCA Title 40.
AI Summary
This bill amends Tennessee's pretrial release laws by establishing a presumption against personal recognizance (release without financial bail) for defendants charged with certain serious offenses. Specifically, the bill creates a legal presumption that defendants should not be released on personal recognizance if they are charged with an offense involving a firearm or causing serious bodily injury or death. The terms "firearm" and "serious bodily injury" are defined by reference to existing state law (§ 39-11-106). If a magistrate or authorized official determines that this presumption can be overcome, they must provide written findings explaining their decision, detailing the factors considered from the existing bail considerations outlined in the law. This means that for these specific types of serious offenses, defendants will face a higher legal bar to being released without financial bail, with the intent of enhancing public safety by more carefully screening potentially dangerous defendants. The bill will take effect on July 1, 2025.
Committee Categories
Budget and Finance, Justice
Sponsors (6)
John Gillespie (R)*,
Jeremy Faison (R),
Andrew Farmer (R),
Debra Moody (R),
Kevin Vaughan (R),
Mark White (R),
Last Action
Re-ref. Calendar & Rules Committee (on 04/22/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0033&ga=114 |
| Amendment 2-0 to HB0033 | https://www.capitol.tn.gov/Bills/114/Amend/HA0524.pdf |
| Amendment 1-0 to HB0033 | https://www.capitol.tn.gov/Bills/114/Amend/HA0523.pdf |
| Fiscal Note - HB0033 | https://www.capitol.tn.gov/Bills/114/Fiscal/HB0033.pdf |
| BillText | https://www.capitol.tn.gov/Bills/114/Bill/HB0033.pdf |
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