MEMPHIS, Tenn. — A Tennessee state lawmaker on Wednesday announced he has filed a bill that would change how bail amounts are set for Class A and Class B felony cases.
Tennessee Rep. John Gillespie (R-Memphis) said his legislation, House Bill 830, would make it so only criminal or circuit court judges are able to set bail in cases involving Class A or Class B felonies.
As the law currently stands, a judicial commissioner or court clerk is also able to set bail amount, according to Gillespie.
If passed as written, this law would go into effect on July 1.
In one recent case, a Memphis man charged with murder was released on no bond in what the Shelby County District Attorney's Office said was a "process error."
"Per longstanding procedure, the judicial commissioner made an initial bond decision to set 'no bond,'" the DA's Office said in a statement, in part.
In August, Shelby County instituted a new bail process, which its creators said made it "one of the fairest in the nation."
Under the new process, individual bail hearings with counsel will be held no later than three days after a person’s arrest. The court will take a look at the person’s financial circumstances before making a decision, and secured money bail is to be used only as a last resort.
Advocates for the new system said under the old pretrial system in Shelby County, someone could be held for weeks without a bail hearing with counsel, and many never had a bail hearing. They said ability to pay was not considered when bail was set, leaving some to be detained indefinitely, even if they were not a flight or safety risk, while others facing the same charges could afford to pay and be free until trial.
Read the General Session Court's new standing bail order HERE.
This system was set to go into effect this month.
