§ 40-11-148 — Bail for defendant charged with commission of crime while free on bail

Tennessee § 40-11-148

• Jurisdiction: Tennessee
• Title: 40

Text

(a) If a defendant has been released pursuant to § 40-11-115 or § 40-11-116 , or has been admitted to and released on bail for a criminal offense, whether prior to or during trial or pending appeal, and the defendant is charged with the commission of one (1) or more bailable offenses while released, then the defendant shall only be released pursuant to § 40-11-118 or § 40-11-122 , and the magistrate or judge shall set the defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged. (b) (1) When the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , the court shall consider the use of special conditions for such defendant, including, but not limited to, the conditions set out in subdivision (b)(2), if the offense for which bail is being set was committed while the defendant was released on bail for a prior charge of violating any offense listed in this subdivision (b)(1). (2) The special conditions the court shall consider pursuant to subdivision (b)(1) are: (A) [Deleted by 2022 amendment.] (B) The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (C) The use of electronic monitoring with random alcohol or drug testing; or (D) Pretrial residency in an in-patient alcohol or drug rehabilitation center. (3) As used in this subsection (b), "court" includes any person authorized by § 40-11-106 to take bail. (c) If a defendant charged with a Class A, B, C, or D felony has been arrested pursuant to a warrant issued under § 40-11-112(b) for failure to comply with the conditions of release, then the defendant shall only be released by a criminal or circuit court judge.

Legislative History

Amended by 2024 Tenn. Acts, ch. 1055,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 362, s 3, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1134, s 3, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 993, s 11, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 876, s 5, eff. 7/1/2016. Acts 1981, ch. 351, § 1; T.C.A., § 40-1248; Acts 2010 , ch. 867, § 2; 2011 , ch. 487, § 3.