Bills advancing through the Tennessee General Assembly would make it a misdemeanor crime for a defendant to violate the conditions of their bail.
The legislation seeks to create a new Class A misdemeanor offense to charge defendants who violate the terms of release secured by paying a bond. Lawmakers specifically want to amend the existing Tennessee Code that mandates arrest warrants be filed for those who violate their release terms to also include the criminal offense.
Class A is the most severe misdemeanor in Tennessee, and those convicted face a prison sentence of between 15 and 60 years, and may additionally face a fine of up to $50,000.
The House version of the bill, HB 2696 by Representative Clay Doggett (R-Pulaski) (pictured below, right), is scheduled for discussion by the Criminal Justice Subcommittee on February 27 after being deferred last week.
In the Senate, SB 2564 by Senator Brent Taylor (R-Memphis) (pictured below, left) was referred to the Senate Judiciary Committee but has not been placed on the docket for consideration.
Photo “State Sen Brent Taylor” by State Sen Brent Taylor and “State Rep Clay Doggett” is by State Rep. Clay Doggett.
Taylor previously expressed his concern about how bail is applied last year, after Shelby County General Sessions Judge Bill Anderson released a criminal defendant who police say confessed to his role in the Thanksgiving Day murder of a 15-year-old.
In remarks made just months prior to that decision, Anderson declared his contempt for Tennessee’s bail system, which he asserted only served to enrich bail bonding companies.
Those companies “don’t do anything but collect money from poor people,” Anderson stated in September 2023, when he declared, “I detest the bail bond system in Shelby County, I detest it across this state.”
Taylor requested the Tennessee Board of Judicial Conduct (BJC) investigate Anderson’s remarks, and the board publicly reprimanded Anderson earlier this month, revealing the judge additionally belittled a police sergeant.
The legislative effort also comes amid a push by House Speaker Cameron Sexton (R-Crossville) and Senate Majority Leader Jack Johnson (R-Franklin) for a constitutional amendment that would allow Tennessee judges to refuse to grant bail in a wider number of cases that involve violent criminals.
A spokesman with Sexton’s office told The Tennessee Star in January the proposed amendment would allow judges to deny bail in cases involving heinous crimes, such as the rape of a child, aggravated kidnapping, and 2nd degree murder.
It would additionally require judges to explain the reasoning for their decision to allow or deny bail, which Sexton’s office said would promote transparency in Tennessee courts.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and the Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
