Bail, Bail Bonds - As enacted, makes changes to the law relative to professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature. - Amends TCA Title 40. Companion bill has been ass, the official text

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PUBLIC CHAPTER NO. 318

           SENATE BILL NO. 464

By Gardenhire, Haile, Jackson

Substituted for: House Bill No. 528

                                     By Doggett

AN ACT to amend Tennessee Code Annotated, Title 40, relative to pretrial release;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

         SECTION 1. Tennessee Code Annotated, Section 40-11-151, is amended by deleting the
section and substituting:

         Any person utilizing the services of a professional bail bondsman or bonding agent
must receive a copy of the following notice with the person's bail bond. Changes must not be
made in the substance of the notice, but minor printing adjustments may be made. The
notice may be printed on the face, back, or as a separate attachment to the bond.

NOTICE IF YOU USE A PROFESSIONAL BONDSMAN:

Amount of Charges to You. If you are a Tennessee resident, the premium fee for your
bond should be ten percent (10%) of the face amount of your bond. For example, if your
bond is $2,500, then the premium on the bond should not be more or less than $250. If you
are not a Tennessee resident, then the amount of the bond should not be more than fifteen
percent (15%) or less than ten percent (10%) of the face amount of your bond. For example,
if your bond is $2,500, then the premium on the bond should not be more than $375 or less
than $250. In addition to this amount, the law also permits a one-time $25 initiation fee
(T.C.A. § 40-11-316) and the professional bondsman may collect a $12 bail tax (T.C.A. § 67-
4-806).

Insist on a Receipt. The law (T.C.A. § 40-11-304) requires a bail bondsman to keep a
duplicate receipt. The receipt must show the name of the person paying money or pledging
property, the name of the person for whom it was paid, the account or purpose for which it is
received, and the suit, action, or matter in which the money is paid.

Collateral That Can Be Required. If a bondsman insists on collateral in addition to the
premium fee, then you may wish to talk to another bondsman. However, a bondsman may
accept collateral, and if the bondsman accepts collat~ral, then the bondsman must give you
a written receipt for the collateral, ·and the receipt shall give in detail a full description of the
collateral received and the terms ofredemption as required by T.C.A. § 40-11-126(8).

A BONDSMAN MAY NOT LOCK YOU BACK UP OR SURRENDER YOU ARBITRARILY OR
WITHOUT GOOD.CAUSE. GOOD CAUSE MAY INCLUDE YOUR FAILURE TO PERFORM
YOUR OBLIGATIONS UNDER THE CONTRACT YOU HAVE WITH YOUR BONDSMAN
{T.C.A. § 40-11-126(7) & § 40-11-132).

          SECTION 2., Tennessee Code Annotated, Subsection 40-11-316(a), is amended by deleting
the language "not assess more than ten percent (10%)" and substituting "assess ten percent (10%)".

SECTION 3. TennesseeCode Annotated, Section40-11-316(c), is amended by deleting the

language "up to fifteen percent (15%) of the amount of the face value of the bond" and substituting

"no less than ten p"t~rcent(10%) and no more than fifteen percent (15%) of fhe amount of the face
value of the bond".· •• • ' • • • •  .. ••
SB464
         SECTION 4. Tennessee Code Annotated, Section 40-11-316(d), is amended by deleting the

subsection and substituting:
                   (d) A professional bondsman or an agent of an insurance company making

          appearance bonds of a criminal nature may agree to accept the premiums and initiation fees,
          set forth in subsections (a), (b), and (c), in equal installments if:

                             (1) Interest or other fees, with the exception of transaction fees paid to third
                    parties as costs for processing payments, are not charged for the installment
                    payments;

                             (2) The professional bondsman collects no less than fifty percent (50%) of the
                    premium due at the time the bond is signed; and

                              (3) The full amount of the premium is to be paid during the first twelve (12)
                    months of the bond.
          SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.

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             SENATE BILL NO. 464

    PASSED:  Apri I 15, 2025

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                              '1                  RANDYlJicNALLY

                                  SPEAKER OF THE SENATE

                              C.

                                CAMERON !MiiM'f'ON, SPEAKER
                                HOUSE OF REPRESENTATIVES

    vv\(Li APPROVED this 'J-.,.~ day of           2025

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                              BILL LEE, GOVERNOR