HOUSE BILL 580
By Doggett
SENATE BILL 601
By Rose
SB0601
001451
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AN ACT to amend Tennessee Code Annotated, Title 8;
Title 39; Title 40 and Title 55, Chapter 10, relative
to pretrial release.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subdivision (a)(2) and substituting:
(2) "Qualified contract service provider" means a private or public entity that:
(A) Complies with the requirements of ยง 55-10-426(b)-(n);
(B) Has a written protocol with the issuing court that designates specific
agencies to receive notifications and alerts as required by subsection (i); and
(C) Maintains or contracts with a company that provides a global
positioning monitoring system that has a monitoring center that is staffed twenty-
four (24) hours a day, seven (7) days a week and capable of immediately
notifying the appropriate entities pursuant to the written protocol required under
subdivision (a)(2)(B).
SECTION 2. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (e) and substituting:
(e) In addition to the information described by subsection (d), the arresting
officer shall provide to an alleged victim who participates in a global positioning
monitoring system under this section the name and telephone number of the appropriate
emergency communications dispatch center and the arresting agency whom the victim
may call to request immediate assistance if the defendant violates a condition of bond
imposed under this section.
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SECTION 3. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (i) and substituting:
(i) The magistrate who imposes a condition described by subsection (b) shall:
(1) Provide the entity that operates the global positioning monitoring
system with contact information for the appropriate emergency communications
dispatch center and the arresting agency; and
(2) Order the entity that operates the global positioning monitoring
system to notify the appropriate entities pursuant to the written protocol required
under subdivision (a)(2)(B).
SECTION 4. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (k) and substituting:
(k) Each county or municipality shall enter into a written agreement with one (1)
or more qualified contract service providers.
SECTION 5. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (m) and substituting:
(m)
(1) A qualified contract service provider and the manufacturer or provider
of the global positioning monitoring system device are not civilly or criminally
liable for injuries or damages resulting from actions of the defendant when the
actions of those entities and the entities' employees are in accordance with this
section and done in good faith and without gross negligence or malice.
(2) A qualified contract service provider has no duty to notify the victim if
a defendant violates a condition of bond imposed under this section.
(3) A magistrate, court, or law enforcement officer or agency shall not
transfer or assign, by contract or otherwise, a duty assigned to the magistrate,
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court, or law enforcement officer or agency to a qualified contract service
provider or manufacturer or provider of the global positioning monitoring system.
SECTION 6. Tennessee Code Annotated, Section 40-11-152, is amended by adding
the following as a new subsection:
( )
(1) If a defendant fails to pay the costs associated with operating the
defendant's global positioning monitoring system device or the costs associated
with providing the victim with a cellular device application or an electronic
receptor device, then the qualified contract service provider shall notify the court
in writing within five (5) days of the arrearage. The court shall immediately
schedule a show cause hearing to be held within ten (10) days of the qualified
contract service provider's notice to the court. At the show cause hearing, the
court may:
(A) Revoke the defendant's bond and incarcerate the defendant;
(B) Allow the defendant to immediately bring the payments
current and continue the defendant's pretrial release; or
(C)
(i) Determine whether alternative funding sources are
available to pay the costs associated with operating the
defendant's global positioning monitoring system device and the
costs associated with providing the victim with a cellular device
application or an electronic receptor device and, if alternative
funding sources are available, order the alternative funding
sources to pay the arrearages and future costs associated with
operating the defendant's global positioning monitoring system
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device and with providing the victim with a cellular device
application or an electronic receptor device.
(ii) As used in this subdivision ( )(1)(C), unless a local
government entity has established a fund for the purpose of
paying the costs associated with a defendant's global positioning
monitoring system device and the costs associated with providing
a victim with a cellular device application or an electronic receptor
device, "alternative funding sources" does not include the local
sheriff's department or other local government entities.
(2) A qualified contract service provider is not required to continue to
provide services pursuant to this section if the qualified contract service provider
is not being compensated in accordance with the court's order for the costs
associated with operating the defendant's global positioning monitoring system
device or the costs associated with providing the victim with a cellular device
application or an electronic receptor device.
SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.