| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 33 |
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| 6 | 5 | | By Gillespie |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0033 |
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| 10 | 9 | | 000528 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 40, |
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| 14 | 13 | | relative to pretrial release for certain offenses. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 40-11-115, is amended by adding |
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| 18 | 17 | | the following new subsection: |
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| 19 | 18 | | (f) |
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| 20 | 19 | | (1) There is a presumption that a defendant should not be released on |
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| 21 | 20 | | the defendant's personal recognizance if the defendant is charged with an |
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| 22 | 21 | | offense that involved the use or display of a firearm or resulted in the serious |
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| 23 | 22 | | bodily injury or death of the victim. As used in this subsection (f), the terms |
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| 24 | 23 | | "firearm" and "serious bodily injury" mean the same as defined in ยง 39-11-106. |
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| 25 | 24 | | (2) If a magistrate or other official authorized to admit a defendant to bail |
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| 26 | 25 | | determines that the presumption established by subdivision (f)(1) has been |
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| 27 | 26 | | rebutted, then the magistrate or such official must include in the bail order written |
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| 28 | 27 | | findings for each factor listed in subsection (b). |
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| 29 | 28 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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