Tennessee legislation · 114th General Assembly
Tennessee HB2374: AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to bail.
Status: Chaptered, May 26, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary Present law requires a defendant to be placed on any available state or federal list or database as a fugitive from justice, including the National Crime Information Center, if a court issues a bench warrant or a capias due to a defendant doing any of the following: Failing to appear on a felony that is violent or sexual in nature. Failing to appear on a Class A or Class B misdemeanor that is violent or sexual in nature. Being charged with a failure to appear. This bill removes the requirement to place on such list or database a defendant for failing to appear on Class A or Class B misdemeanors that are violent or sexual in nature and for being charged with a failure to appear. LIABILITY OF SURETY Present law removes liability for a surety for any undertaking if the defendant has not been placed on the available state or federal list or database within three business days of the entering agency's receipt of the bench warrant or capias. This bill expands the time in which a surety is relieved from liability if the defendant has not been placed on the available state or federal list or database to 10 business days of the entering agency's receipt of the bench warrant or capias. ON APRIL 9, 2026, THE SENATE SUBSTITUTED HOUSE BILL 2374 FOR SENATE BILL 2161, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2374, AS AMENDED. AMENDMENT #1 reduces from 10 to three the number of business days after the entering agency's receipt of the bench warrant or capias that the court may relieve the surety of liability for an undertaking if the defendant has not been placed on the available state or federal list or database. ON APRIL 14, 2026, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1. ON APRIL 16, 2026, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF SENA
What the bill says
From the introduced text:
Conference Committee Report on House Bill No. 2374 / Senate Bill No. 2161 The House and Senate Conference Committee appointed pursuant to motions to resolve the differences between the two houses on House Bill No. 2374 (Senate Bill No. 2161) has met and recommends that all amendments be deleted. The Committee further recommends that the following amendment be adopted: by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 40-11-139(d)(1), is amended by deleting the subdivision and substituting: (1) If a court issues a bench warrant or a capias due to a defendant's failure to appear on a felony that is violent or sexual in nature as determined by the court, 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. SECTION 2. Tennessee Code Annotated, Section 40-11-139(d)(3), is amended by deleting the subdivision and substituting: (3) The court may relieve the surety of liability for an undertaking if the defendant has not been placed on the available state or federal list or database within five (5) business days of the entering agency's receipt of the bench warrant or capias. SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. CC0009 _______________________________ _______________________________ …