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PUBLIC CHAPTER NO. 491
HOUSE BILL NO. 576
By Representatives Doggett, Mr. Speaker Sexton, Howell, Lafferty
Substituted for: Senate Bill No. 1245
By Senators Haile, Jackson and Mr. Speaker McNally
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 13; Title 39; Title
40; Title 41; Title 56; Title 62 and Title 67, Chapter 4, Part 8, relative to bond.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-3-1304(a), is amended by adding
the following as a new subdivision:
(11) Board of professional bondsmen;
SECTION 2. Tennessee Code Annotated, Section 40-11-124, is amended by adding the
following as a new subsection:
(c)
(1)
(A) The department of commerce and insurance shall provide the
clerk, sheriff, municipal courts, and other inferior courts with a current
approved list of professional bondsmen licensed by the board of
professional bondsmen.
(B) The clerk, sheriff, municipal courts, and other inferior courts
shall have available a list of licensed professional bondsmen or other
sureties approved and qualified as solvent by the courts of record with
criminal jurisdiction within the county. The approved lists must be
provided by the judges of those courts.
(2) An undertaking must not be accepted unless the professional
bondsman or other surety is licensed under part 3 of this chapter and approved
and qualified as solvent by the courts of record with criminal jurisdiction within the
county.
(3) Notwithstanding the issuance by an association of a guaranteed arrest
or bail bond certificate, as defined in § 40-11-145, a professional bondsman
licensed by the board of professional bondsmen, pursuant to part 3 of this
chapter, shall provide proof of such licensure to all courts of this state having
jurisdiction and authorized to admit to bail when appearing before such courts.
SECTION 3. Tennessee Code Annotated, Section 40-11-125(a), is amended by deleting
the language:
In addition to the requirements of part 3 of this chapter regulating professional
bondsmen, approval of a professional bondsman or other surety may be withheld,
withdrawn or suspended by any court if, after investigation, it appears that a bondsman:
and substituting the language:
In addition to the requirements of part 3 of this chapter regulating professional
bondsmen, licensure of a professional bondsman may be withheld, withdrawn,
suspended, revoked, or denied by the board of professional bondsmen if, after
investigation, it appears that a professional bondsman:
HB576
SECTION 4. Tennessee Code Annotated, Section 40-11-125, is amended by deleting
subsections (b)-(d) and substituting the following:
(b) If, after investigation, the board finds a professional bondsman to be in
violation of any of the statutes enumerated in this section, then the board shall notify the
bondsman in writing of the bondsman's right to a hearing prior to imposing any sanction
permitted under this chapter. If the bondsman fails to notify the board in writing within ten
(10) days from the date of the board's notice that the bondsman seeks a hearing, then
such hearing is waived and the board may impose upon the bondsman any sanction or
discipline permitted by this chapter. All hearings conducted pursuant to this subsection
(b) must be in accordance with the Uniform Administrative Procedures Act, compiled in
title 4, chapter 5.
(c) The board shall remove the offending professional bondsman's name from
the approved list as maintained on the board's registry under§ 40-11-314 and notify all
courts in which the professional bondsman is approved to practice.
(d)
(1) Notwithstanding the board's authority under this section, a court may
deny, withhold, suspend, or revoke an approved professional bondsman's
bonding privileges in such court upon the court's determination that the
professional bondsman's conduct is detrimental to the bondsman's client or is
disruptive to the court or court proceedings.
(2) The court shall notify the board of its action, and the board may strike
the offending bondsman from the approved list as maintained on the board's
registry under§ 40-11-314, following review by the board.
(3) Any bondsman whose bonding privileges have been denied, withheld,
suspended, or revoked under subdivision (d)(1) has the right of appeal to the
next highest court having criminal jurisdiction, and the appeal must be heard de
nova.
(e) Any disciplinary action taken against a professional bondsman under this
section must be published in accordance with § 56-1-302(a)(9).
SECTION 5. Tennessee Code Annotated, Section 40-11-127, is amended by deleting
the section and substituting the following:
Upon a finding by a district attorney general that a professional bondsman has
violated this chapter, the district attorney general may:
(1) File a complaint with the board of professional bondsmen that details
all violations alleged to have been committed by the professional bondsman for
further action, if necessary, by the department; and
(2) Prefer charges to have a bail bondsman stricken from the approved
list pursuant to § 40-11-125 with the same provisions for notice, answer, and
hearing before the court, and the same right of appeal.
SECTION 6. Tennessee Code Annotated, Section 40-11-132(1), is amended by deleting
the subdivision.
SECTION 7. Tennessee Code Annotated, Section 40-11-133(d), is amended by deleting
the language "Any approved bail bondsman in good standing" and substituting the language
"Any licensed professional bondsman in good standing with the board of professional
bondsmen".
SECTION 8. Tennessee Code Annotated, Section 40-11-303(a), is amended by deleting
"file with the clerk of the circuit or criminal court in each county" and substituting "file with the
board of professional bondsmen and the clerk of the circuit or criminal court of each county".
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SECTION 9. Tennessee Code Annotated, Section 40-11-306, is amended by adding the
following language at the end of the section:
The court shall report any action taken under this section to the board of professional
bondsmen for review to determine if additional disciplinary action is to be taken against
the professional bondsman.
SECTION 10. Tennessee Code Annotated, Section 40-11-306, is amended by
designating the existing language as subsection (a) and adding the following as a new
subsection:
(b) In addition to the limitations imposed under subsection (a), the board of
professional bondsmen may suspend or revoke the professional bondsman's license to
practice bail bonding in this state upon its review of the findings of the investigation by
the court. A person whose license to practice bail bonding has been suspended or
revoked under this subsection (b) may appeal such action by the board pursuant to§ 40-
11-125.
SECTION 11. Tennessee Code Annotated, Section 40-11-313, is amended by deleting
the section and substituting:
(a) It is unlawful for a person to act as a professional bondsman, directly or
indirectly, while:
(1) Serving as a constitutionally elected peace officer, or as such officer's
deputy, or any duly elected or appointed county official; or
(2) Owning, operating, or being an employee of a qualified electronic
monitoring provider, as defined in § 40-11-152(a).
(b) Subdivision (a)(1) does not apply to any duly elected member of the county
legislative body.
(c) Subdivision (a)(2) does not apply to a person who was a professional
bondsman and owned a qualified electronic monitoring provider prior to January 1, 2025.
SECTION 12. Tennessee Code Annotated, Section 40-11-317(a), is amended by
deleting the subsection and substituting the following:
(a) In addition to any other qualifications required by law, a person seeking to
become a professional bondsman shall file an application for licensure with the board of
professional bondsmen. In addition, the applicant shall submit to a criminal history
background check by the Tennessee bureau of investigation as provided for under § 38-
6-109 and is responsible for any fees associated with the criminal history background
check. The Tennessee bureau of investigation shall submit the results of the criminal
background check to the clerks of all courts in which the professional bondsman is
qualified and to the board.
SECTION 13. Tennessee Code Annotated, Section 40-11-317(c), is amended by
deleting the subsection and substituting:
(c)
(1) If a court finds that a bondsman has individually or as a corporation
owner been discharged in a bankruptcy proceeding leaving unsatisfied
outstanding forfeitures with any court, then the court may order that the
bondsman be prohibited from executing bonds, bail, or other undertakings as
surety in the court, and must notify the board of professional bondsmen of the
finding.
(2) If the board is notified that a bondsman has individually or as a
corporation owner been discharged in a bankruptcy proceeding leaving
unsatisfied outstanding forfeitures with any court, then the board may suspend or
revoke the bondsman's license to practice bail bonding in this state.
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SECTION 14. Tennessee Code Annotated, Section 40-11-319(a), is amended by
deleting the language:
shall notify, in writing, within seventy-two (72) hours of the arrest, the court or
courts in which the professional bondsman is qualified
and substituting the language:
shall notify the board of professional bondsmen in writing within seventy-two (72)
hours of the arrest
SECTION 15. Tennessee Code Annotated, Section 40-11-319(c), is amended by
deleting the subsection and substituting the following:
(c) Upon receipt of the notice, the board may proceed in accordance with § 40-
11-125 if such action is warranted.
SECTION 16. Tennessee Code Annotated, Section 40-11-319(d), is amended by
deleting the subsection and substituting the following:
(d) Failure to comply with this section must result in an automatic suspension of
the professional bondsman's bonding privileges until the board conducts a hearing
pursuant to § 40-11-125(b), or until the criminal charges against the professional
bondsman are resolved.
SECTION 17. Tennessee Code Annotated, Title 40, Chapter 11, Part 3, is amended by
adding the following as a new section:
40-11-314.
(a) On or after March 1, 2026, a person shall not operate as a professional
bondsman in this state unless the person is licensed by the board of professional
bondsmen under this section.
(b)
(1) There is created a state board to be known and designated as the
board of professional bondsmen for this state. The board consists of seven (7)
members who must possess good moral character, must be residents of this
state, and are appointed as follows:
(A) Two (2) members to be appointed by the speaker of the house
of representatives, who meet the following qualifications:
(i) One (1) member who is licensed as a professional
bondsman; and
(ii) One (1) member who is a circuit court clerk;
(8) Three (3) members to be appointed by the governor, who
meet the following qualifications:
(i) One (1) member who is licensed as a professional
bondsman;
(ii) One (1) member who is a district attorney general; and
(iii) One (1) member who is a judge with jurisdiction to
issue bond; and
(C) Two (2) members to be appointed by the speaker of the
senate, who meet the following qualifications:
(i) One (1) member who is licensed as a professional
bondsman; and
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(ii) One (1) member who is a sheriff.
(2)
(A) Members of the board must be appointed in accordance with
subdivision (b)(2)(B). It is the purpose of this section that at least one (1)
member shall retire from the board at the end of each year, thereby
creating a rotating board.
(B) The members' terms shall be staggered as follows:
(i) The member of the board appointed pursuant to
subdivision (b)(1)(A)(i) shall serve an initial term of one (1) year;
(ii) The member of the board appointed pursuant to
subdivision (b)(1)(A)(ii) shall serve an initial term of two (2) years;
(iii) The member of the board appointed pursuant to
subdivision (b)(1)(B)(i) shall serve an initial term of three (3) years;
(iv) The member of the board appointed pursuant to
subdivision (b)(1 )(B)(ii) shall serve an initial term of four (4) years;
(v) The member of the board appointed pursuant to
subdivision (b)(1 )(B)(iii) shall serve an initial term of five (5) years;
(vi) The member of the board appointed pursuant to
subdivision (b)(1)(C)(i) shall serve an initial term of six (6) years;
and
(vii) The member of the board appointed pursuant to
subdivision (b)(1 )(C)(ii) shall serve an initial term of seven (7)
years.
(C) The appointing authorities shall appoint a new member to the
board upon the expiration of the terms prescribed in subdivision (b)(2)(B)
and upon the expiration of all subsequent terms. All subsequent terms
must be for six (6) years.
(D) A member must not be reappointed for one (1) year after the
completion of a term on the board.
(3) Vacancies occurring on the board must be filled in accordance with
this section for the balance of the unexpired term.
(c)
(1) The administrative office of the courts shall provide a list of all licensed
bondsmen in this state upon the request of the board. The request must be made
prior to March 1, 2026.
(2) The board of professional bondsmen, in consultation and cooperation
with members of the judiciary in this state, shall promulgate rules for the
regulation of professional bondsmen that are reasonably necessary to carry out
this chapter, including, but not limited to, rules to:
(A) Implement and administer the licensure program created by
this section, including, but not limited to, the establishment of adequate
licensure and renewal fees to cover the cost of implementing and
administering the licensure program for professional bondsmen;
(B) Establish procedures for handling disciplinary matters
involving professional bondsmen licensed under this section and for
persons engaged in the unauthorized practice of bail bonding;
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(C) Assess civil penalties for violations;
(D) Establish the standards of practice and qualifications for the
issuance of a license to be a professional bondsman under this section.
The standards and qualifications include, but are not limited to,
procedures to require professional bondsmen to submit to criminal history
background checks in accordance with§§ 38-6-109 and 55-10-426;
(E) Establish any other procedures deemed necessary by the
department for the supervision of professional bondsmen licensed under
this section; and
(F) Establish procedures for the approval of the continuing
education programs for professional bondsmen, to be administered by an
approved third-party contractor under part 4 of this chapter.
(3) The rules must be promulgated in accordance with this chapter and
the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) A person eighteen (18) years of age or older may apply for a license to
operate as a professional bondsman.
(e) An application for licensure as a professional bondsman must be submitted
on a form prescribed by the board.
(f) A certificate of licensure expires two (2) years from the date of the licensure or
renewal.
(g) A licensed professional bondsman shall list each place of business within this
state with reference to its specific location, upon licensure and upon subsequent
renewals of the licensure.
(h) Included on each license and renewal form must be a section in which the
licensee declares, under penalty of perjury pursuant to § 39-16-702(a)(3), whether the
licensee has previously been revoked or convicted of a violation of this chapter. In
addition, the ijpplicant shall submit to a criminal history background check by the
Tennessee bureau of investigation as provided for under § 38-6-109, and is responsible
for any fees associated with the criminal history background check. The Tennessee
bureau of investigation shall submit the results of the criminal background check to the
board.
(i) A licensee who has been convicted of a violation of this chapter, which
resulted in a revocation of their license is prohibited from licensure under this chapter for
five (5) years from the date of conviction.
U) The board shall create and keep up to date a registry that includes, but is not
limited to, the approved list of professional bondsmen licensed by the board, the names
of all persons licensed as professional bondsmen, and a list of names of persons who
have been disciplined by the board in the previous five (5) years for violating this
chapter. The board shall post and maintain the registry on the department of commerce
and insurance's website.
(k) Notwithstanding another law to the contrary, a license issued pursuant to this
section becomes inactive upon notification to the department that the licensee is no
longer in business at the licensed location.
(I) The board shall serve as the centralized entity for filing and evaluating
complaints against professional bondsmen.
(m) This section does not require a judge to allow a licensed professional
bondsman to admit persons to bail in the judge's court. A judge may deny a professional
bondsman the privilege of admitting persons to bail in the judge's court regardless of the
professional bondsman's licensure status. If a judge denies a licensed professional
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bondsman's request to admit persons to bail in the judge's court, then the judge must
provide the bondsman with written notice of the denial and the reasons for such denial.
SECTION 18. Tennessee Code Annotated, Title 40, Chapter 11, Part 3, is amended by
adding the following as a new section:
Each licensed professional bondsman shall inform the board in writing of each
county in which the licensed professional bondsman has been approved by a judge to
admit persons to bail.
SECTION 19. Notwithstanding Sections 40-11-314(b)(1)(A)(i), (b)(1)(B)(i), and
(b)(1 )(C)(i), for the purpose of establishing the board of professional bondsmen, the appointing
entities may initially appoint a bondsman who is approved to make bonds by a court within this
state to the positions that must be filled by a licensed professional bondman. After March 1,
2026, the licensing requirements of Sections 40-11-314(b)(1)(A)(i), (b)(1)(B)(i), and (b)(1)(C)(i)
apply for any newly appointed member of the board.
SECTION 20. For the purpose of promulgating rules and appointing members to the
board, this act takes effect upon becoming a law, the public welfare requiring it. For all other
purposes, this act takes effect January 1, 2026, the public welfare requiring it.
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HOUSE BILL NO. 576
PASSED: April 21, 2025
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CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
li.s A.. ~~'"'
' RANDY MCNAILy
SPEAKER OF THE SENATE
c2 /St- APPROVED this day of /V")~ 2025
BILL LEE, GO~ERNOR U<-Every fact on this page links to its source, starting with the official bill record.