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TN SB0856

TN SB0856
AN ACT to amend Tennessee Code Annotated, Title 24; Title 39 and Title 40, relative to criminal procedure.


summary

Introduced
02/05/2025
In Committee
Crossed Over
03/13/2025
Passed
04/16/2025
Dead
Signed/Enacted/Adopted
04/29/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, allows a magistrate to consider hearsay evidence when determining whether a defendant should be released on bail pending trial and the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public. - Amends TCA Title 24; Title 39 and Title 40.

AI Summary

This bill modifies Tennessee's criminal procedure laws to allow magistrates more flexibility when making decisions about a defendant's pre-trial release and bail. Specifically, the bill permits magistrates to consider hearsay evidence (secondhand or indirect information) when determining whether a defendant should be released pending trial or what bail amount should be set, as long as the evidence is deemed reliable and the defendant is given a fair opportunity to challenge or refute that evidence. The proposed changes apply to two sections of Tennessee Code (40-11-115 and 40-11-118), expanding magistrates' discretion in evaluating information about a defendant's background, criminal history, or potential risk. This could include sources like computer printouts of criminal records from state or federal databases. The bill aims to provide magistrates with more comprehensive information to make informed decisions about pre-trial release while still protecting the defendant's right to contest the evidence being considered. The legislation will take effect immediately upon becoming law, as determined by the Tennessee General Assembly.

Committee Categories

Justice

Sponsors (3)

Last Action

Effective date(s) 04/24/2025 (on 04/29/2025)

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