Image Credit: TN General Assembly
The Tennessee Conservative [By Adelia Kirchner] –
Legislation that would change Tennessee’s current bail system by making the default presumption be “that a defendant should not be released on the defendant’s personal recognizance” if the defendant is charged with an offense involving “the use or display of a firearm” or if the offense resulted in “serious bodily injury or death of the victim,” passed on the Senate floor by a 23-5 vote last week.
Senate Bill 218 (SB0218), sponsored by Sen. Brent Taylor (R-Memphis-District 31), maintains that if a judge does choose to grant release on the defendant’s own recognizance, that judge would be required to state their reasons for doing so in writing.
Republican Senators Janice Bowling, Richard Briggs, Rusty Crowe, Todd Gardenhire, Ferrell Haile, Bobby Harshbarger, Joey Hensley, Ed Jackson, Jack Johnson, Adam Lowe, Becky Massey, Bill Powers, Shane Reeves, Paul Rose, Jessie Seal, Steve Southerland, John Stevens, Brent Taylor, Page Walley, Bo Watson, Dawn White, Ken Yager, and Lt. Gov. Randy McNally voted in favor of SB0218.
Democrat Senators Raumesh Akbari, Heidi Campbell, Sara Kyle, Charlane Oliver, and Jeff Yarbro voted against it.
Republican Senator Kerry Roberts and Democrat Senator London Lamer marked themselves as “present and not voting.”
The companion House Bill 33 (HB0033), sponsored by Rep. John Gillespie (R-Memphis-District 97), continues to make its way through the committee process.
HB0033 has already passed in the House Criminal Justice Subcommittee and in the full House Judiciary Committee.
It has been placed on the House Finance, Ways and Means Subcommittee calendar this week on March 19th.
HB0033 Summary: As introduced, establishes 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; requires a magistrate who determines that the presumption has been rebutted to include in the bail order written findings for each factor considered in making such a determination.
Rep.ryan.williams@capitol.tn.gov, rep.kip.capley@capitol.tn.gov, rep.jesse.chism@capitol.tn.gov, rep.mark.cochran@capitol.tn.gov, rep.john.crawford@capitol.tn.gov, rep.ron.gant@capitol.tn.gov, rep.john.gillespie@capitol.tn.gov, rep.gary.hicks@capitol.tn.gov, rep.tim.hicks@capitol.tn.gov, rep.antonio.parkinson@capitol.tn.gov, rep.lee.reeves@capitol.tn.gov, rep.johnny.shaw@capitol.tn.gov, rep.jason.zachary@capitol.tn.gov
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
