Relief on Forfeited Recognizances

1. Law
2. Tennessee Code
3. Criminal Procedure
4. Bail
5. Forfeiture of Bail
6. Relief on Forfeited Recognizances

1. 1. 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.
   2. Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
2. 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.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Bail and Recognizance, §§ 10, 11, 15.

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