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Back to SB 856
Tennessee General Assembly· SB 856Signed by Governor.

Bail, Bail Bonds - As enacted, allows a magistrate to consider hearsay evidence when determining whether a defendant should be released on bail pending trial and the amount of bail necessary to reasonably assure the appe, 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. 262

                                                     SENATE BILL NO. 856

                                                   By Taylor, Rose, Stevens

                                             Substituted for: House Bill No. 854

                                               By Lamberth, Hardaway, Davis

AN ACT to amend Tennessee Code Annotated, Title 24; Title 39 and Title 40, relative to criminal
          procedure.

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

          SECTION 1. Tennessee Code Annotated, Section 40-11-115, is amended by adding the
following as a new subsection:

                    (f) In determining under subsection (a) whether or not a defendant shall be released,
          the magistrate may consider hearsay evidence when the magistrate finds that the evidence is
          reliable if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence
          considered by the magistrate.

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

                    (h) In determining the amount of bail necessary to reasonably assure the appearance
          of the defendant while at the same time protecting the safety of the public, the magistrate may
          consider hearsay evidence when the magistrate finds that the evidence is reliable if the
          defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by
          the magistrate.

          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.
         SENATE BILL NO. 856

PASSED:  April 14, 2025

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                               ""- - RA~DY

                                  SPEAKER OF THE SENATE

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

Apo I APPROVED this J i ~ day of  2025

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         BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.