Tennessee House Bill HB2514

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24
• Refer: 2/1/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to pretrial release.

Impact

The impact of HB2514 on state laws is significant as it expands the circumstances under which GPS monitoring is required for defendants. By mandating this form of surveillance for serious felony charges, the bill seeks to prevent potential criminal activity while defendants are at large and can lead to increased scrutiny over pretrial release decisions. Notably, the responsibility of covering the costs associated with the GPS monitoring system falls initially on the defendant but can shift to an indigency fund for those who cannot afford it. This provision aims to balance financial burdens while ensuring public safety.

Summary

House Bill 2514, sponsored by Harris, amends Tennessee Code Annotated to introduce provisions regarding pretrial release for defendants charged with specific felony offenses. The bill stipulates that if a defendant is granted release on their personal recognizance or an unsecured appearance bond, the magistrate is mandated to require the usage of a global positioning system (GPS) monitoring device for certain serious charges, including robbery and various forms of theft. This measure aims to enhance public safety by closely tracking defendants who are considered higher risk while they await trial.

Contention

While proponents argue that the implementation of GPS monitoring for high-risk defendants is a necessary step toward protecting the community, opponents could raise concerns about the implications for civil liberties and the potential for excessive surveillance. Critics might also argue about the fairness of allocating costs to defendants, particularly concerning how the indigency determinations are made and administered. As the bill progresses, such debates could shape the discussions around pretrial release reforms within the judiciary.