Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0601 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 580
3	3	By Doggett
4	4
5	5	SENATE BILL 601
6	6	By Rose
7	7
8	8
9	9	SB0601
10	10	001451
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13	13	AN ACT to amend Tennessee Code Annotated, Title 8;
14	14	Title 39; Title 40 and Title 55, Chapter 10, relative
15	15	to pretrial release.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
19	19	subdivision (a)(2) and substituting:
20	20	(2) "Qualified contract service provider" means a private or public entity that:
21	21	(A) Complies with the requirements of § 55-10-426(b)-(n);
22	22	(B) Has a written protocol with the issuing court that designates specific
23	23	agencies to receive notifications and alerts as required by subsection (i); and
24	24	(C) Maintains or contracts with a company that provides a global
25	25	positioning monitoring system that has a monitoring center that is staffed twenty-
26	26	four (24) hours a day, seven (7) days a week and capable of immediately
27	27	notifying the appropriate entities pursuant to the written protocol required under
28	28	subdivision (a)(2)(B).
29	29	SECTION 2. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
30	30	subsection (e) and substituting:
31	31	(e) In addition to the information described by subsection (d), the arresting
32	32	officer shall provide to an alleged victim who participates in a global positioning
33	33	monitoring system under this section the name and telephone number of the appropriate
34	34	emergency communications dispatch center and the arresting agency whom the victim
35	35	may call to request immediate assistance if the defendant violates a condition of bond
36	36	imposed under this section.
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38	38
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41	41	SECTION 3. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
42	42	subsection (i) and substituting:
43	43	(i) The magistrate who imposes a condition described by subsection (b) shall:
44	44	(1) Provide the entity that operates the global positioning monitoring
45	45	system with contact information for the appropriate emergency communications
46	46	dispatch center and the arresting agency; and
47	47	(2) Order the entity that operates the global positioning monitoring
48	48	system to notify the appropriate entities pursuant to the written protocol required
49	49	under subdivision (a)(2)(B).
50	50	SECTION 4. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
51	51	subsection (k) and substituting:
52	52	(k) Each county or municipality shall enter into a written agreement with one (1)
53	53	or more qualified contract service providers.
54	54	SECTION 5. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
55	55	subsection (m) and substituting:
56	56	(m)
57	57	(1) A qualified contract service provider and the manufacturer or provider
58	58	of the global positioning monitoring system device are not civilly or criminally
59	59	liable for injuries or damages resulting from actions of the defendant when the
60	60	actions of those entities and the entities' employees are in accordance with this
61	61	section and done in good faith and without gross negligence or malice.
62	62	(2) A qualified contract service provider has no duty to notify the victim if
63	63	a defendant violates a condition of bond imposed under this section.
64	64	(3) A magistrate, court, or law enforcement officer or agency shall not
65	65	transfer or assign, by contract or otherwise, a duty assigned to the magistrate,
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70	70	court, or law enforcement officer or agency to a qualified contract service
71	71	provider or manufacturer or provider of the global positioning monitoring system.
72	72	SECTION 6. Tennessee Code Annotated, Section 40-11-152, is amended by adding
73	73	the following as a new subsection:
74	74	( )
75	75	(1) If a defendant fails to pay the costs associated with operating the
76	76	defendant's global positioning monitoring system device or the costs associated
77	77	with providing the victim with a cellular device application or an electronic
78	78	receptor device, then the qualified contract service provider shall notify the court
79	79	in writing within five (5) days of the arrearage. The court shall immediately
80	80	schedule a show cause hearing to be held within ten (10) days of the qualified
81	81	contract service provider's notice to the court. At the show cause hearing, the
82	82	court may:
83	83	(A) Revoke the defendant's bond and incarcerate the defendant;
84	84	(B) Allow the defendant to immediately bring the payments
85	85	current and continue the defendant's pretrial release; or
86	86	(C)
87	87	(i) Determine whether alternative funding sources are
88	88	available to pay the costs associated with operating the
89	89	defendant's global positioning monitoring system device and the
90	90	costs associated with providing the victim with a cellular device
91	91	application or an electronic receptor device and, if alternative
92	92	funding sources are available, order the alternative funding
93	93	sources to pay the arrearages and future costs associated with
94	94	operating the defendant's global positioning monitoring system
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99	99	device and with providing the victim with a cellular device
100	100	application or an electronic receptor device.
101	101	(ii) As used in this subdivision ( )(1)(C), unless a local
102	102	government entity has established a fund for the purpose of
103	103	paying the costs associated with a defendant's global positioning
104	104	monitoring system device and the costs associated with providing
105	105	a victim with a cellular device application or an electronic receptor
106	106	device, "alternative funding sources" does not include the local
107	107	sheriff's department or other local government entities.
108	108	(2) A qualified contract service provider is not required to continue to
109	109	provide services pursuant to this section if the qualified contract service provider
110	110	is not being compensated in accordance with the court's order for the costs
111	111	associated with operating the defendant's global positioning monitoring system
112	112	device or the costs associated with providing the victim with a cellular device
113	113	application or an electronic receptor device.
114	114	SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.