Tennessee legislation · 114th General Assembly
Tennessee SB2161: 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
An act to amend Tennessee Code Annotated, Title 39 and Title 40, relative to bail.
From the introduced text:
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to bail. 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 ten (10) 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. SB2161
Sponsors
- Haile, Ferrell (R, 18) · primary sponsor
Latest actions
- : Comp. became Pub. Ch. 1026
- : Companion House Bill substituted
- : Placed on Senate Regular Calendar for 4/9/2026
- : Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0
- : Placed on Senate Judiciary Committee calendar for 3/25/2026
- : Action deferred in Senate Judiciary Committee to 3/25/2026
- : Placed on Senate Judiciary Committee calendar for 3/24/2026
- : Action deferred in Senate Judiciary Committee to 3/23/2026
- : Placed on Senate Judiciary Committee calendar for 3/23/2026
- : Reset on Final calendar of Senate Judiciary Committee
Votes
- FLOOR VOTE: Motion to Adopt Conference Committee Report (April 23, 2026): 33 yea, 0 nay, passed
- FLOOR VOTE: MESSAGE CALENDAR MOTION TO ADOPT CONFERENCE COMMITTEE REPORT (April 22, 2026): 83 yea, 1 nay, passed
- FLOOR VOTE: as Amended Third Consideration (April 9, 2026): 30 yea, 0 nay, passed
- FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION (April 6, 2026): 95 yea, 0 nay, passed
- HOUSE JUDICIARY COMMITTEE: Rec. for pass; ref to Calendar & Rules Committee (April 1, 2026): 19 yea, 0 nay, passed
- SENATE JUDICIARY COMMITTEE: Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 (March 25, 2026): 9 yea, 0 nay, passed
Subjects: Archives, Publications, My Bills
Common questions
- What is SB2161?
- SB2161 is a bill in the Tennessee Legislature (114th General Assembly): AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to bail.
- What does SB2161 do?
- In its own words: An act to amend Tennessee Code Annotated, Title 39 and Title 40, relative to bail.
- What is the status of SB2161?
- Chaptered as of May 26, 2026. Latest action: Comp. became Pub. Ch. 1026 (May 26, 2026).
- Who sponsored SB2161?
- Haile, Ferrell (R, 18).
- Where is the official record for SB2161?
- On the Tennessee Legislature website: https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=SB2161&GA=114
Source: official Tennessee record. Tracked by Delilah, AI for legislation across all 50 states and Congress.