Bill > HB0854

This bill modifies Tennessee law regarding criminal procedure, specifically allowing magistrates more flexibility when making decisions about a defendant's pre-trial release and bail. Under the proposed changes, magistrates would be permitted to consider hearsay evidence (secondhand or indirect information) when determining whether a defendant should be released pending trial or what bail amount is appropriate, provided that two key conditions are met: first, the magistrate must determine that the hearsay evidence is reliable, and second, the defendant must be given a fair opportunity to challenge or rebut the evidence being considered. Examples of reliable hearsay might include computer printouts of state and federal criminal records. This change gives magistrates additional discretionary tools when assessing a defendant's potential risk and flight potential during the pre-trial phase, while still maintaining protections for the defendant's rights by ensuring they can contest the evidence. The bill amends two specific sections of Tennessee Code Annotated (Sections 40-11-115 and 40-11-118) and will take effect immediately upon becoming law.