Tennessee House Bill HB0123

Tennessee 2023-2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/20/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 39; Title 40; Title 48 and Title 62, relative to bail.

Impact

If passed, this bill would significantly affect how bail is processed within the state. By prohibiting cash bail contributions from charitable organizations, the bill may limit the options available to defendants who might struggle to meet bail requirements independently. This change raises concerns about access to bail for low-income individuals who traditionally depend on community-support systems for financial assistance to secure their release while awaiting trial. This legislation could thus exacerbate existing inequalities in the criminal justice system.

Summary

House Bill 0123 aims to amend existing provisions under the Tennessee Code concerning bail procedures. Specifically, the bill introduces a clause that prevents the clerks of the court from accepting cash bail deposits from charitable bail organizations on behalf of defendants. A charitable bail organization is defined in the bill as an entity that solicits public donations to help pay for a defendant's bail, with exceptions for individuals who are related by blood or marriage to the defendant, as well as established nonprofit corporations focused on religious worship.

Contention

Debates surrounding HB 0123 may arise from differing views on the implications of restricting financial assistance for bail through charitable organizations. Proponents of the bill may argue that it aims to regulate and oversee the bail process, ensuring a more standardized approach to how bail funds are raised and managed. Conversely, opponents might contend that the bill could undermine community efforts to support individuals in legal distress, arguing that access to bail is crucial for maintaining fairness and justice in the legal system.