Tennessee House Bill HB0830

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/23
• Refer: 2/2/23
• Refer: 3/28/23
• Refer: 4/4/23
• Engrossed: 4/11/23
• Enrolled: 4/18/23
• Passed: 5/5/23
• Chaptered: 5/18/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 40, relative to bail for certain offenses.

Impact

If enacted, HB 830 would significantly alter the bail landscape in Tennessee by imposing stricter conditions for release on certain felony charges. The modifications would mean that individuals charged with serious crimes would face increased scrutiny from the judicial system before being granted bail. This would directly impact the judicial procedures and the decision-making process regarding pre-trial releases, possibly leading to an overall decline in the number of defendants being released without monetary bail pending trial.

Summary

House Bill 830 aims to amend Tennessee Code Annotated, specifically Title 40, in relation to bail regulations for certain serious offenses. The bill states that individuals charged with Class A and B felonies, as well as specific aggravated assaults and domestic assault felonies, cannot be released on their own recognizance without the approval of a general sessions, criminal, or circuit court judge. This change seeks to enhance oversight during the bail process for more severe charges while aiming to protect public safety and prevent the release of potentially dangerous individuals.

Sentiment

The sentiment surrounding HB 830 appeared to be overwhelmingly favorable among legislators, as evidenced by its passage with a reported vote of 30-0 in the House. Many supporters argue that the bill is necessary for improving public safety and ensuring that those accused of violent felonies do not evade accountability. However, there may be concerns from advocacy groups about the implications of expanding judicial discretion in bail settings and the potential for disproportionate impacts on marginalized communities.

Contention

Despite its broad support, the bill may face contention regarding the balance between ensuring public safety and upholding the presumption of innocence until proven guilty. Critics might contend that imposing further restrictions on bail could lead to negative consequences, such as overcrowded jails and disparate impacts on individuals based on socioeconomic status. The debate could focus on whether these measures unjustly penalize individuals charged with crimes who may not pose a significant flight risk or threat to society.