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Back to HB 1256
Tennessee General Assembly· HB 1256Transmitted to Governor for his action.

Criminal Offenses - As enacted, revises provisions of present law relative to placing certain defendants on a fugitives list for failure to appear. - Amends TCA Title 8; Title 10; Title 33; Title 36; Title 37; Title 38; , the official text

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                        ~tate of \!rennessee

                          PUBLIC CHAPTER NO. 352

                                                  HOUSE BILL NO. 1256

                            By Representative Doggett and Mr. Speaker Sexton

                                       Substituted for: Senate Bill No. 1133

                By Senators Gardenhire, Haile, Jackson, Mr. Speaker McNally, Rose

          AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 33; Title 36; Title
37; Title 38; Title 39; Title 40; Title 41; Title 49; Title 50; Title 55 and Title 70, relative to criminal
justice.

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

          SECTION 1. Tennessee Code Annotated, Section 40-11-139(d), is amended by deleting
the subsection and substituting:

                    (d)

                              (1) If a court issues a bench warrant or a capias due to a defendant's
                    failure to appear on a felony or on a Class A or Class B misdemeanor that is
                    violent or sexual in nature as determined by the court, or if a defendant is
                    charged with a failure to appear, then the defendant shall be placed on any
                    available state or federal list or database as a fugitive from justice, including the
                    National Crime Information Center.

                              (2) If necessary, the judicial official must sign the bench warrant or capias
                    by the end of the next business day after the defendant's failure to appear. The
                    clerk shall transmit the bench warrant or capias to the entering agency by the
                    end of the next business day after issuance. The entering agency shall enter the
                    bench warrant or capias into any available state or federal list or database,
                    including the National Crime Information Center.

                              (3) A surety is not liable for any undertaking if the defendant has not been
                    placed on the available state or federal list or database within three (3) business
                    days of the entering agency's receipt of the bench warrant or capias.

                               (4) If the defendant is apprehended outside the state by a law
                    enforcement agency in a jurisdiction that is outside the limitation entered into the
                     state or federal list or database, then the district attorney general must
                     determine, within one (1) business day of being notified of the apprehension,
                    whether to initiate extradition proceedings for the defendant's return.

           SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.
                    HOUSE BILL NO. 1256

PASSED:  April 15, 2025

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                                 CAMERO~XTON,SPEAKER
                                 HOUSE OF REPRESENTATIVES

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                                 \       RANDYi\:NALLY

                                    SPEAKER OF THE SENATE

1."'cl.., APPROVED this  day of  ~       2025

BILL LEE, GOVERNOR       ~
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