Laws throughout the Nation
Tennessee Atty General Opinion
40-11-133. Arrest of defendant by bail bondsman or other authorized person.
TENNESSEE CODE ANNOTATED © 2012 by The State of Tennessee All rights reserved
*** CURRENT THROUGH THE 2011 REGULAR SESSION ***
Title 40 Criminal Procedure Chapter 11 Bail Part 1 Admission to Bail
Tenn. Code Ann. § 40-11-133 (2012)
(a) For the purposes of §§ 40-11-132, 40-11-203, and 40-11-204, the bail bondsman or surety may arrest the defendant on a certified copy of the undertaking, at any place either in or out of the state, or may, by written authority endorsed on the certified copy, authorize another person to make the arrest. In the event that circumstances prevent the obtaining of a certified copy of the undertaking or capias from the clerk's office at the time of the arrest or surrender, a duplicate copy of the same shall suffice until such time that a certified copy can be obtained from the clerk's office.
(b) After the payment of the forfeiture, the bail bondsman or surety may arrest the defendant on a certified copy of the capias, or may, by a written authority endorsed on the certified copy, authorize another person to make the arrest.
(c) Any capias issued pursuant to a forfeit, whether the forfeit is conditional or final, shall remain in full force and effect until the defendant is apprehended and returned to the criminal justice system, and a disposition is entered in the defendant's case.
(d) Any approved bail bondsman in good standing is authorized to return the defendant to the jurisdiction for which the bail bond is obligated for the defendant's appearance; provided, the bail bondsman is liable for the expenses of returning the defendant and the defendant is located within the state of Tennessee.
HISTORY: Acts 1978, ch. 506, § 31; T.C.A., § 40-1233; Acts 1987, ch. 423, § 4; 1991, ch. 347, § 4; 2001, ch. 426, § 1; 2003, ch. 303, § 1; 2010, ch. 799, § 1; 2011, ch. 367, § 2.
39-16-302. Impersonation of licensed professional. (This means you without school!)
(a) It is unlawful for any person who is not licensed to do so, to practice
or pretend to be licensed to practice a profession for which a license certifying
the qualifications of such licensee to practice the profession is required.
(b) A violation of this section is a Class E felony.
40-11-404. Courses — Certificate of compliance — Fees. —
(a) The Tennessee Association of Professional Bail Agents shall provide all continuing education courses, and shall issue certificates of compliance to certify attendance of the agents to the clerks of the courts. The certificates shall be prepared and delivered to all agents who have completed the requirements by December 15 of the year before filing is required. In no event shall a certificate be issued to an agent who has not completed the attendance requirements for that calendar year.
(b) The Tennessee Association of Professional Bail Agents shall either provide or contract for a minimum of eight (8) hours of continuing education classes to be held on a regular basis in each of the grand divisions and may provide additional classes as necessary. The association is authorized to subcontract with any of its subassociations for classes. A schedule of these classes shall be provided to all agents. The association may not charge more than two hundred forty dollars ($240) annually for the eight (8) hours of continuing education, and the cost of any course with less than eight (8) hours shall be prorated.
(c) The fee charged for attending continuing education classes shall not be increased or decreased based upon a person's membership or lack of membership in the Tennessee Association of Professional Bail Agents.
[Acts 1996, ch. 856, § 1; 2000, ch. 749, § 1.]
39-14-148. False statement in obtaining surety bond - Penalty.
Any person who makes a false statement or representation of a material fact knowing it to be false or knowingly fails to disclose a material fact, in order to obtain a surety bond, either for that person or for any other person, commits a Class A misdemeanor. Each such false statement or representation or failure to disclose a material fact constitutes a separate offense.
[Acts 1994, ch. 874,
39-11-411. Accessory after the fact.
(a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender:
(1) Harbors or conceals the offender;
(2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or
(3) Warns the offender of impending apprehension or discovery.
(b) This section shall have no application to an attorney providing legal services as required or authorized by Law.
(c) Accessory after the fact is a Class E felony.
[Acts 1989, ch. 591, § 1; 1994, ch. 978,§4; 1995, ch. 281, § 1.]
39-11-402. Criminal responsibility for conduct of another.
A person is criminally responsible for an offense committed by the conduct of another if:
(1) Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense;
(2) Acting with intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another person to commit the offense; or
(3) Having a duty imposed by law or voluntarily undertaken to prevent commission of the offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or assist its commission, the person fails to make a reasonable effort to prevent commission of the offense.
[Acts 1989, ch. 591,§ 1.]
40-11-148. Bail for defendant charged with commission of crime while free on bail.
When a defendant has been admitted to and released on bail for a criminal offense,whether prior to or during trial or pending appeal, and such defendant is charged with the commission of one (1) or more bailable offenses while released on bail, the judge shall set such defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged.
[Acts 1981, ch. 351, § 1; T.C.A., § 40-1248.]
40-11-134. Sheriff assisting bail bondsman or surety in arrest.
The bail bondsman or surety is also entitled to the aid of the sheriff of any
county in this state in making the arrest, within the bounds of the sheriff's
county, by producing a certified copy of the bail bond, and, in person or by agent,
accompanying the officer to receive the person arrested.
[Acts 1978, ch. 506, § 32; T.C.A., § 40-1234.]
40-11-136. Surrender to sheriff.
The surrender shall be made to the sheriff of the county in which the defendant is bound to answer for the offense, whether by change of venue or otherwise, and the sheriff is not bound to accept the surrender unless made at the place of holding the court in that county, or at the county jail.
HISTORY: Acts 1978, ch. 506, § 30; T.C.A., § 40-1236; 2006, ch. 745, § 1.
40-11-204. Relief on forfeited recognizances. —
(a) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress. Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with the provisions of this section if those judges have jurisdiction to hear state misdemeanor cases.
(b) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the clerk's commission authorized by this section shall be ten percent (10%) of the forfeiture or one thousand dollars ($1,000), whichever is less.
[Code 1858, §§ 5182, 5183 (deriv. Acts 1788, ch. 32, § 2); Acts 1915, ch. 29, § 1; Shan., §§ 7146, 7147; Code 1932, §§ 11695, 11696; Acts 1974, ch. 599, § 1; T.C.A. (orig. ed.), § 40-1304; Acts 1987, ch. 423, § 5; 1993, ch. 96, § 1; 1995, ch. 456, § 7; 1997, ch. 386, § 1.]
40-11-318. Bounty hunting.
Title 40 Criminal Procedure
Chapter 11 Bail
Part 3 Professional Bondsmen
Tenn. Code Ann. § 40-11-318 (2011)
40-11-318. Bounty hunting.
(a) "Bounty hunting" means a person who acts as an agent of a professional bondsman who attempts to or takes into custody a person who has failed to appear in court and whose bond has been forfeited, for a fee, the payment of which is contingent upon the taking of a person into custody and returning the person to the custody of the professional bondsman for whom the bounty hunter works; provided, that "bounty hunting" does not include the taking into custody of a person by a professional bondsman.
(b) No person who has been convicted of a felony shall serve as a bounty hunter in the state of Tennessee. Persons having been convicted of a felony who perform the services of a bounty hunter as defined in this section commit a criminal offense, punishable as a Class A misdemeanor.
(c) Before a bounty hunter takes into custody any person who has failed to appear in court, the bounty hunter shall comply with § 40-11-401, make a good faith effort to verify the person's address, and present to the office of the appropriate law enforcement officer of the political subdivision where the taking will occur:
(1) A certified copy of the underlying criminal process against the defendant;
(2) A certified copy of the bond or capias;
(3) Proper credentials from a professional bondsman in Tennessee or another state verifying that the bounty hunter is an agent of a professional bondsman; and
(4) A pocket card certifying that the bounty hunter has completed the training required by this section or, if the bounty hunter is from a state other than Tennessee, proof that the bounty hunter successfully completed an equivalent amount of training in the bounty hunter's home state within the last year.
(d) Failure to present all of the proper credentials as specified in this section to the office of the appropriate law enforcement officer prior to taking any person into custody shall be punishable as a Class A misdemeanor.
(e) A professional bondsman, who knowingly employs a convicted felon to act as an agent of the bondsman for purposes of taking into custody a person who failed to appear in court, commits a Class A misdemeanor.
(f) Any resident of this state who is a United States citizen and who intends to perform the functions of a bounty hunter as defined in subsection (a), shall submit to a criminal history background check as provided by § 38-6-109 at the sheriff's office at the county of the person's permanent residence. The person requesting the criminal history background check shall be responsible for any fees associated with the background check. The criminal background check shall include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI). The sheriff's office shall maintain files in their respective counties on bounty hunters requesting a criminal history background check. A sheriff may charge a fee of not more than two hundred dollars ($200) for each background check performed pursuant to this subsection (f) and in addition to the background check fees payable to the TBI, the FBI and any designated vendor. If the bounty hunter is from a state other than Tennessee, proof that the bounty hunter has completed an equivalent criminal history background check in the person's home state within the last year shall be provided to the appropriate law enforcement agency of the political subdivision where the taking will occur.
HISTORY: Acts 1998, ch. 1019, § 1; 2001, ch. 430, § 1; 2011, ch. 456, § 1.
Chapter No. 816]
PUBLIC ACTS, 2006
CHAPTER NO. 816
HOUSE BILL NO. 3879
By Representatives Russell Johnson, Armstrong
Substituted for: Senate Bill No. 3812
By Senator Kilby
AN ACT to amend Tennessee Code Annotated, Section 40-11-317, relative to professional bondsmen.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-317 is amended by deleting the section in its entirety and by substituting instead the following:
Section 40-11-317. (a) In addition to any other qualifications required by law, the petition or license application for a person seeking to become a professional bondsman shall have attached to it an affidavit setting forth the criminal history, if any, of the petitioner or applicant. If the affidavit is found to be inaccurate, the petitioner or applicant shall be immediately disqualified as a professional bonding person. In addition, such applicant or petitioner shall submit to a criminal history background check by the Tennessee bureau of investigation as provided for under Section 38-6-109 and shall be responsible for any fees for such criminal history background check. The results of the criminal background check shall be submitted by the Tennessee bureau of investigation to the clerks of the court responsible for regulating the activities of the professional bondsman.
Any applicant for approval as a bonding company owner shall have at least two (2) years experience with a professional bonding company in good standing.
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 such bondsman shall be prohibited from executing bonds, bail or other undertakings as surety in such court.
SECTION 2. This act shall take effect July 1, 2006, the public welfare requiring it.
Chapter No. 816] PUBLIC ACTS, 2006
PASSED: May 17, 2006
APPROVED this 2nd day of June 2006
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