| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 854 |
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| 3 | 3 | | By Lamberth |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 856 |
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| 6 | 6 | | By Taylor |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB0856 |
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| 10 | 10 | | 003000 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 24; |
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| 14 | 14 | | Title 39 and Title 40, relative to criminal procedure. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 40-11-115(b), is amended by adding |
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| 18 | 18 | | the following as a new subdivision: |
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| 19 | 19 | | ( ) Reliable hearsay evidence, including, but not limited to, computer printouts of |
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| 20 | 20 | | state and federal criminal records maintained by the Tennessee bureau of investigation |
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| 21 | 21 | | and the federal bureau of investigation, if the defendant is accorded a fair opportunity to |
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| 22 | 22 | | rebut any reliable hearsay evidence considered by the magistrate. |
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| 23 | 23 | | SECTION 2. Tennessee Code Annotated, Section 40-11-118(b), is amended by |
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| 24 | 24 | | redesignating the current language as subdivision (b)(1) and adding the following new |
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| 25 | 25 | | subdivision (b)(2): |
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| 26 | 26 | | (2) In determining the amount of bail necessary to reasonably assure the |
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| 27 | 27 | | appearance of the defendant while at the same time protecting the safety of the public, |
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| 28 | 28 | | the magistrate may consider reliable hearsay evidence, including, but not limited to, |
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| 29 | 29 | | computer printouts of state and federal criminal records maintained by the Tennessee |
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| 30 | 30 | | bureau of investigation and the federal bureau of investigation, if the defendant is |
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| 31 | 31 | | accorded a fair opportunity to rebut any reliable hearsay evidence considered by the |
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| 32 | 32 | | magistrate. |
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| 33 | 33 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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