§ 40-11-139 — Forfeiture of bail security - Notice to defendant and sureties - List or database of fugitives

Tennessee § 40-11-139

• Jurisdiction: Tennessee
• Title: 40

Text

(a) If the defendant whose release is secured under § 40-11-122 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order of forfeiture shall be immediately sent by regular mail by the clerk of the court to the defendant at the defendant's last known address. The defendant's surety will be served with scire facias upon the forfeiture entered and a capias shall be issued for the defendant. When the defendant, who failed to appear pursuant to conditions of a bail bond, is arrested on a capias, the surety on the defendant's forfeited bond is released. (b) After the expiration of one hundred eighty (180) days from the date surety is served with scire facias or scire facias is returned to the clerk unserved or undelivered, the court may enter judgment for the state against the defendant and the defendant's sureties for the amount of the bail and costs of the proceedings. (c) No execution shall issue upon a final forfeit, nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry. (d) If a court issues a bench warrant due to a defendant's failure to appear on a felony or on a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or if a defendant is charged with a failure to appear, then the defendant shall be placed on any available state or federal list or database as a fugitive from justice, without limitation, within ten (10) business days of the defendant's failure to appear. A surety is not liable for any undertaking if the defendant has not been placed on such a database within the time required by law. (e) The surety is only responsible for costs in accordance with § 40-11-201 .

Legislative History

Amended by 2024 Tenn. Acts, ch. 1048,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 260, s 1, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 105, s 1, eff. 4/11/2019. Amended by 2016 Tenn. Acts, ch. 963, s 1, eff. 4/27/2016. Amended by 2013 Tenn. Acts, ch. 388, s 1, eff. 5/6/2013. Acts 1978, ch. 506, § 35; 1979, ch. 160, § 1; T.C.A., § 40-1239; Acts 1997 , ch. 504, § 2; 2011 , ch. 367, § 1.