Conditional Judgment on Failure to Appear

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Bail
  5. Forfeiture of Bail
  6. Conditional Judgment on Failure to Appear

Checkout our iOS App for a better way to browser and research.

  1. If the defendant who gives bail or makes a cash deposit as provided in part 1 of this chapter does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties, or against the defendant alone, in case of a deposit, or the court may grant an extension.
  2. No forfeiture or conditional forfeiture of any appearance or bail bond shall be rendered in any case where a statement of a licensed physician is furnished to the court showing that the principal in the bond is prevented from attending by some mental or physical disability, or where evidence of the defendant's incarceration is furnished to the court.
  3. The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority. On the filing of a detainer, the bondsman and sureties shall remain liable for the expenses of returning the principal to this jurisdiction for trial when the principal is released by the detaining authority. If the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer, the surety shall not be liable in the undertaking. It shall be the duty of the bondsman or surety to present to the presiding court, in a timely manner, all appropriate documentation evidencing that the detainer was properly filed or refused, or that the detaining authority released the principal notwithstanding the filing of the detainer. The liability of any bondsman or surety shall not exceed the amount of the bail bond. After trial, however, if it is necessary to return the principal to the detaining authority in another jurisdiction, all expenses incurred in the return shall be paid by the state of Tennessee. As used in this subsection (c), “detainer” includes any means of requesting a defendant be returned to this jurisdiction, including, but not limited to, a detainer, habeas corpus, or extradition.

Code 1858, § 5177; Shan., § 7141; Code 1932, § 11688; modified; Acts 1967, ch. 333, § 1; 1977, ch. 370, § 1; T.C.A. (orig. ed.), § 40-1301; Acts 1988, ch. 579, § 1; 2007, ch. 255, §§ 1, 2; 2008, ch. 1131, § 1; 2010, ch. 866, § 1; 2015, ch. 517, § 1; 2017, ch. 100, § 1.

Cross-References. Forfeiture of bail of person awaiting extradition, §40-9-107.

Forfeiture of bail security, §40-11-139.

Forfeiture of defendant's bail deposit, §40-11-120.

Forfeiture of recognizance given by witness, §40-17-111.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.45, 4.46.

Tennessee Jurisprudence, 4 Tenn. Juris., Bail and Recognizance, §§ 1, 11, 12, 15.

Law Reviews.

Bail Bonds Under the Tennessee Bail Reform Act of 1978 (Judge David D. Creekmore), 21 No. 1, Tenn. B.J. 23 (1985).

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477.

Attorney General Opinions. A bail bondsman is relieved from the amount of bond after following the requirements of T.C.A. §40-11-201(c), and is only liable for the cost of transporting the defendant to the trial court, OAG 07-150 (11/13/07).


Download our app to see the most-to-date content.