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Bill

SB 2161

Bail, Bail Bonds - As introduced, removes the requirement that a court enter into state or federal databases a bench warrant or a capias issued due to a defendant's failure to appear for a misdemeanor that is violent or sexual in nature or a felony that is not violent or sexual in nature; extends the time period in which the court must enter bench warrant or capias for failure to appear on a felony from three to 10 business days; authorizes, rather than requires, the court to relieve the surety of liability for an undertaking if the defendant has not been placed on the available state or federal list or databases. - Amends TCA Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Ferrell Haile

SB 2161 removes mandatory database entry for certain warrants, extends felony warrant filing deadlines to 10 days, and makes bondsmen liability relief discretionary rather than required.

Companion House Bill substituted
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Bill Summary · SB 2161

Legislative bill overview

SB 2161 modifies Tennessee's bail and bench warrant procedures by removing the requirement to enter certain misdemeanor and felony warrants into state/federal databases, extending the timeframe for entering felony failure-to-appear warrants from 3 to 10 business days, and making it discretionary rather than mandatory for courts to relieve bail bondsmen of liability when defendants aren't listed in databases.

Why is this important

This bill affects the practical enforcement of bail conditions and accountability mechanisms. Changes to warrant database requirements and timelines could impact how quickly law enforcement locates defendants who fail to appear, potentially affecting public safety, case outcomes, and the reliability of the bail system itself.

Potential points of contention

  • Public safety concerns: Removing database entry requirements for certain warrants may delay apprehension of defendants who flee, particularly in violent or sexual crime cases
  • Bail bond industry impact: Making surety relief discretionary rather mandatory could increase financial liability for bail bondsmen when defendants aren't tracked in databases, potentially affecting bail availability or pricing
  • Enforcement inconsistency: A 10-business-day delay for felony warrants (versus 3 days currently) creates a longer window where defendants can evade detection, with unclear justification for this timeline extension
  • Equity concerns: Different treatment of violent/sexual misdemeanors versus other felonies may create disparate public safety outcomes across crime categories

Compiled from official sources — confirm details with the bill’s official record.

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