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Tennessee General Assembly· HB 671Comp. SB subst.

Bonding, Surety and Professional - As enacted, authorizes the surety on a bail bond to petition the court for release from their obligations as surety if the principal forfeits. - Amends TCA Title 4, Chapter 3, Part 13; , the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                             PUBLIC CHAPTER NO. 395

                                                    SENATE BILL NO. 1202

                                        By Jackson, Haile, Mr. Speaker McNally

                                           Substituted for: House Bill No. 671

                                          By Scarbrough, Mr. Speaker Sexton

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 bail bonds.

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

         SECTION 1. Tennessee Code Annotated, Section 40-11-204, is amended by adding the
following new subsection:

                   (c)(1) In the event of forfeiture by the principal, the surety may petition the court for
                   release from their obligations as surety. The petition must be accompanied by a
                   sworn affidavit detailing what good faith efforts were made to locate and assure the
                   appearance of the principal.

                             (2) Upon the filing of a petition, the court shall hold a hearing during which the
                   bondsman may state the good faith efforts made to locate and assure the
                   appearance of the principal. The court shall include any such statement by the
                   bondsman in its written order following the hearing.

                             (3) Upon a finding, by a preponderance of the evidence, that the bondsman
                   has complied with the good faith effort requirements of this subsection (c), the court
                    may release or exonerate the bondsman of the bondsman's obligations in the case.

                             (4) In considering whether good faith efforts were made by the bondsman to
                    locate and assure the appearance of the principal, the court may inquire as to the
                   following factors:

                                       (A) Records retained by the surety as to the principal's contact
                             information, place of residence, place of employment, known associations, or
                             any other such record;

                                       (B) Actions and steps taken by the surety to keep track of the
                              principal's location;

                                       (C) Actions and steps taken by the surety to locate the principal;

                                       (D) Information obtained by the surety as to where the principal may
                              be, even if that information is not conclusive with respect to the principal's
                              location; and

                                       (E) Any other information that the court would find useful in
                              determining whether the surety acted in good faith to assure the appearance
                              of the principal.

          SECTION 2. Tennessee Code Annotated, Section 40-11-118, is amended by adding the
following new subsection:

                    (h) Before accepting a bail deposit from a bondsman, the clerk must require the
          bondsman to initial each page of the bond order, indicating that the bondsman has read and
SB 1202
          is aware of any conditions of bond imposed on the defendant. The clerk must provide a copy
          of the initialed bond order to the bondsman and maintain a copy in the defendant's file.
          SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.

                                                                   2
         SENATE BILL NO. 1202

PASSED:  April 16, 2025

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                                    R~-AN'-D- "Y- ~.l111n,;1,il-\LL 1

                         SPEAKER OF THE SENATE

                         C?&
                           CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

yy')~ APPROVED this 'l:i!:_ day of  2025

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         - -BILL LEE, GOVERNOR
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