Title 40, Criminal Procedure

(a) As used in this section, “qualified electronic monitoring provider” and “provider” mean a private entity that has been qualified and approved by the local government entity where the provider seeks to operate and enters into a written contract or agreement with the local gove…

(a) As used in this section:(1) “Family,” when used with reference to a person, includes:(A) Any person related to such person within the third degree of consanguinity or affinity; or(B) Any person living in the same household as such person; and(2) “Legal guardian” means a perso…

(a) If the defendant who gives bail or makes a cash deposit as provided in part 1 of this chapter does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties, or against the defendant alone, in case of a d…

A scire facias shall issue to notify the defendant and the defendant's sureties to show cause why the judgment shall not be made final.

(a) After the liability of the bail bondsman or surety has become fixed by forfeiture, and before payment, the bail bondsman or surety may be exonerated from the liability by the surrender of the defendant and the payment of all costs; but may be exonerated from costs also if, in…

(a) (1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the sam…

Money paid into the treasury by virtue of a judgment of the circuit or criminal court upon a forfeited recognizance shall be refunded to the party paying the same, upon the reversal of the judgment by the supreme court, on appeal or writ of error duly prosecuted. The commissioner…

In all cases where land or lands shall be sold at sheriff's sale for the purpose of collecting the amount due on forfeited appearance bonds in criminal cases, the state shall be authorized to purchase any of the lands. The amount paid by the state for the purchase of the lands sh…

In all cases of sales under execution issued to collect the amount of forfeiture taken upon appearance bonds in criminal cases, it is the duty of the sheriff to send to the district attorney general for the district in which the sale is to be made a copy of the advertisement of t…

The district attorney general for the district in which the sale is to be made shall then determine the amount or amounts which the property should bring at a fair sale, and, if the district attorney general thinks it expedient to do so, shall, in person or by agent, bid the prop…

The district attorney general for the district in which the sale is to be made shall thereupon issue and deliver a certificate to the sheriff of the county conducting the sale, where the land or lands are situated. The certificate shall be in the following words and figures: Stat…

The district attorney general shall issue a separate certificate in duplicate, for each separate plot of land offered for sale by the sheriff under §§ 40-11-206 — 40-11-208 and so purchased by the district attorney general, one (1) copy of the certificate to be delivered to the s…

The sheriff shall receive the certificate in lieu of money, as now provided by law, which certificate the sheriff shall in lieu of money turn over and deliver to the state of Tennessee, or to the county, whichever may be the one entitled to the proceeds of the sale under the exec…

Upon delivery of the certificate by the district attorney general to the sheriff, the sheriff shall issue a deed to the state for the lands so purchased by the state and deliver it to the district attorney general in whose district the purchase is made.

In all cases where the county is entitled to the proceeds of the sale under execution, under sales as provided in §§ 40-11-206 — 40-11-212 after the expiration of the period of redemption provided in § 40-11-215, the commissioner of finance and administration shall issue a deed f…

(a) Whenever property has been purchased by the state, under §§ 40-11-206 — 40-11-215, it is the duty of the district attorney general to certify to the commissioner of finance and administration the amount of costs incurred by the sheriff in making the sale, including the fees a…

(a) The owner or owners of the property sold and bought by the state under §§ 40-11-206 — 40-11-215 shall be entitled to redeem the property within two (2) years from the date of the sale by paying the amount for which the property was purchased by the state, together with all co…

(1) As used in this part, unless the context otherwise requires:(1) “Available capacity” is a professional bondsman's capacity reduced by the total amount of bail, expressed in dollars, which the professional bondsman has outstanding and from which the professional bondsman has n…

(a) This part shall apply to all professional bondsmen, but shall not apply to or affect those persons, firms, partnerships or corporations engaged exclusively in the business of making judicial or other bonds, or providing or furnishing indemnity, as surety, in suits or actions …

(a) Every professional bondsman licensed to do business in this state shall, not later than January 31 and July 31 of each year, file with the board of professional bondsmen and the clerk of the circuit or criminal court of each county in which the bondsman is furnishing bail or …

(a) It is the duty of a professional bondsman in all transactions with any persons, whether an accused, or those representing or purporting to represent an accused, whenever money or other consideration or thing of value is collected or received by the bondsman as surety, to furn…

The judge of any court of this state in which any professional bondsman executes criminal bonds, furnishes bail or secures costs and fines as surety, is empowered to inquire at any time into the solvency of any bondsman and to investigate and determine the value of the bondsman's…

(a) If, after its investigation, the court finds that the bondsman:(1) Is insolvent;(2) Is not financially able to discharge the obligations of the bondsman's liabilities as surety;(3) Has failed, refused or neglected to make the semiannual reports of assets and liabilities as re…

(1) It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or for any third person or persons, or in concert with them, in any negotiation, transaction or dealing with a person charged with a criminal offense or other violation of law, or with an…

(1) It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or while acting for or through any third person or persons, or in concert with them, to solicit, demand, procure, exact, receive or collect any money or other thing of value or any other …

(a) It is unlawful for any professional bondsman to do or perform any act, engage in any negotiations, enter into any agreement or transaction, pay or give any money or other thing of value or offer or attempt to do so directly or indirectly, whether alone, or by or through other…

It is unlawful for any professional bondsman to aid, counsel or advise any person accused of a criminal offense or violation of law, or those purporting to act for or represent the accused in respect of any matter relating or pertaining to the charge pending against the accused o…

(a) Any contract, agreement, promise, transaction or other similar undertaking, entered into between a professional bondsman and any other person or persons, wherein the bondsman charges, demands, contracts for, accepts, collects or receives any sum of money, fee, compensation, p…

A violation of this part is a Class B misdemeanor.

(a) It is unlawful for a person to act as a professional bondsman, directly or indirectly, while:(1) Serving as a constitutionally elected peace officer, or as such officer's deputy, or any duly elected or appointed county official; or(2) Owning, operating, or being an employee o…

(a) Beginning October 25, 2025, every professional bondsman licensed to do business in this state shall file a quarterly report, not later than January 25, April 25, July 25, and October 25 of each year, with the department of revenue detailing the total number of bonds issued by…

(a) Whenever any professional bondsman, as defined in § 40-11-301, furnishes bail, makes bond or furnishes surety for the appearance, before any court in this state, of any person charged with a criminal offense or a violation of any law, by means of a contract for a specified pe…

(a) Professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature shall assess ten percent (10%) of the amount of the face value of the bond for premium fee and related charge or charges, and the premium fee and related charge or charges sha…

(a) In addition to any other qualifications required by law, a person seeking to become a professional bondsman shall file an application for licensure with the board of professional bondsmen. In addition, the applicant shall submit to a criminal history background check by the T…

(a) “Bounty hunting” means a person acting as an agent of a professional bondsman who attempts to take or takes into custody a person who has failed to appear in court and whose bond has been forfeited, for a fee, the payment of which is contingent upon the taking of a person int…

(a) A professional bondsman who is arrested in this state for a felony, or is arrested in another state or by the federal government for the equivalent of a felony in this state, shall notify the board of professional bondsmen in writing within seventy-two (72) hours of the arres…

Before employing a bounty hunter to apprehend a defendant, a professional bail bondsman shall make a reasonable effort to verify the defendant's address.

(a) On or after March 1, 2026, a person shall not operate as a professional bondsman in this state unless the person is licensed by the board of professional bondsmen under this section. (b) (1) There is created a state board to be known and designated as the board of professiona…

Each licensed professional bondsman shall inform the board in writing of each county in which the licensed professional bondsman has been approved by a judge to admit persons to bail.

(a) Each professional bail bondsman or bonding agent individually, including partners, officers and directors of a corporation engaged for profit who are qualified as professional bail bondsmen or bonding agents, making bonds or entering into undertakings as surety in criminal pr…

Each agent shall file annually, along with the first semiannual report as described in § 40-11-303, a certificate of compliance of continuing education with the clerk of the criminal or civil court of each county in which the agent is furnishing bail or bonds securing costs and f…

If an agent does not obtain the required eight (8) continuing education hour credits within each twelve-month period as described in § 40-11-401, and have the necessary certificate of compliance filed with the clerk of the court by January 15 of each year, the clerk shall, by cer…

(a) The Tennessee Association of Professional Bail Agents shall provide all continuing education courses, and shall issue certificates of compliance to certify attendance of the agents to the clerks of the courts. The certificates shall be prepared and delivered to all agents who…

Nothing in this part shall be construed as altering or infringing upon the right of the trial judge to approve bondsmen who are licensed under this part. An appeal from a trial judge's failure to approve a licensed bondsman shall be taken as provided by law.

(a) A person shall not attend a continuing education class under this part who has been convicted in any state of a crime equivalent to:(1) A felony in this state; or(2) Two (2) or more misdemeanors that are equivalent to Class A or Class B misdemeanors in this state if the misde…