Tennessee 2025 2025-2026 Regular Session

Tennessee House Bill HB0033 Draft / Bill

Filed 12/11/2024

                     
<BillNo> <Sponsor> 
 
HOUSE BILL 33 
By Gillespie 
 
 
HB0033 
000528 
- 1 - 
 
AN ACT to amend Tennessee Code Annotated, Title 40, 
relative to pretrial release for certain offenses. 
 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: 
 SECTION 1.  Tennessee Code Annotated, Section 40-11-115, is amended by adding 
the following new subsection: 
(f)   
(1)  There is a presumption that a defendant should not be released on 
the defendant's personal recognizance if the defendant is charged with an 
offense that involved the use or display of a firearm or resulted in the serious 
bodily injury or death of the victim.  As used in this subsection (f), the terms 
"firearm" and "serious bodily injury" mean the same as defined in ยง 39-11-106. 
(2)  If a magistrate or other official authorized to admit a defendant to bail 
determines that the presumption established by subdivision (f)(1) has been 
rebutted, then the magistrate or such official must include in the bail order written 
findings for each factor listed in subsection (b). 
 SECTION 2.  This act takes effect July 1, 2025, the public welfare requiring it.