Image Credit: TN General Assembly
The Tennessee Conservative [By Adelia Kirchner] –
A bill 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 in the Senate Judiciary Committee on Tuesday by a 7-0 vote.
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.
“Currently, when a defendant is before a judge for bail and they have used or displayed a firearm or committed a crime that resulted in serious bodily injury,” Sen. Taylor explained in committee, “the presumption is for ROR [release on recognizance].”
According to Sen. Taylor, this bill will change the presumption to be against ROR and the defendant and his or her counsel would have to convince the judge that ROR is warranted over the new presumption.
Sen. Sara Kyle (D-Memphis-District 30) asked if this legislation would remove the discretion of the judge.
“No ma’am,” answered Sen. Taylor. “The judge still retains the discretion. It’s just it changes the starting point. Which currently, the starting point is, the presumption is in favor of own recognizance.”
Republican Senators Bobby Harshbarger, Kerry Roberts, Paul Rose, John Stevens, Brent Taylor, Todd Gardenhire, and Dawn White voted in favor of SB0218 and Democrat Senators Sara Kyle and London Lamar chose to pass on the vote and were recorded as “present and not voting.”
SB0218 has now been referred to the Senate Calendar Committee and will go on to receive a vote on the Senate floor.
The corresponding House Bill 33 (HB0033), sponsored by Rep. John Gillespie (R-Memphis-District 97), has been placed on the House Criminal Justice Subcommittee calendar for Wednesday, March 5th, 2025.
Rep.clay.doggett@capitol.tn.gov, rep.fred.atchley@capitol.tn.gov, rep.andrew.farmer@capitol.tn.gov, rep.william.lamberth@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.jason.powell@capitol.tn.gov, rep.lowell.russell@capitol.tn.gov, rep.gabby.salinas@capitol.tn.gov, rep.rick.scarbrough@capitol.tn.gov
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.
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.
