Tennessee § 39-16-609 Failure to appear

Tennessee Statutes

§ 39-16-609 — Failure to appear

(a)It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person:

(1)Has been lawfully issued a criminal summons pursuant to § 40-6-215 ;

(2)Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ;

(3)Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ;

(4)Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or (5) Knowingly goes into hiding to avoid prosecution or court appearance.

(b)It is a defense to prosecution under this section that:

(1)The appearance is required by a probation and parole officer as an incident of

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(a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person: (1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ; (2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ; (3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ; (4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or (5) Knowingly goes into hiding to avoid prosecution or court appearance. (b) It is a defense to prosecution under this section that: (1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or (2) The person had a reasonable excuse for failure to appear at the specified time and place. (c) Nothing in this section shall apply to witnesses. (d) Failure to appear is a Class A misdemeanor. (e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear. (f) [Deleted by 2019 amendment.]

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Legislative History

Amended by 2019 Tenn. Acts, ch. 486,s 4, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1990, ch. 709, § 1; 1990, ch. 980, § 16; 1997, ch. 317, § 1; 1998, ch. 1049, § 15; 2004, ch. 727, § 1.