Tennessee § 39-16-609 - Failure to appear.

§ 39-16-609. Failure to appear.

It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person: Has been lawfully issued a criminal summons pursuant to § 40-6-215; Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215; Has been lawfully issued a citation in lieu of arrest under § 40-7-118; Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or Knowingly goes into hiding to avoid prosecution or court appearance. It is a defense to prosecution under this section that: The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or The person had a reasonable excuse for failure to appear at the specified time and place. Nothing in this section shall apply to witnesses. Failure to appear is a Class A misdemeanor. Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear. [Deleted by 2019 amendment.] Acts 1989, ch. 591, § 1; 1990, ch. 709, § 1; 1990, ch. 980, § 16; 1997, ch. 317, § 1; 1998, ch. 1049, § 15; 2004, ch. 727, § 1; 2019, ch. 486, § 4. Sentencing Commission Comments. This section provides an offense for persons who knowingly fail to appear at court or other official proceedings or penal institutions when directed to appear by a lawful authority. It is broader than prior code § 39-5-720 , which only reached “bail jumping” or the failure to appear if released without bail. Subsection (b) clarifies that the offense does not cover the failure to make a supervisory meeting with a probation or parole officer, or any other appearance for which there was a reasonable excuse. Punishment for this offense depends on whether the crime for which the offender failed to appear is a misdemeanor or a felony. The court may order the sentence to be served consecutively to any sentence received for the offense for which the person failed to appear. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Amendments. The 2019 amendment rewrote former (d)–(f), which read: “(d) If the occasion for which the defendant's appearance is required is a misdemeanor or is a violation of subdivision (a)(2), failure to appear is a Class A misdemeanor.“(e) If the occasion for which the defendant's appearance is required is a Class A misdemeanor or a felony, failure to appear is a Class E felony.“(f) Any sentence received for a violation of this section may be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.” Effective Dates. Acts 2019, ch. 486, § 15. July 1, 2019. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 4.6. Law Reviews. The Tennessee Bail Bond System — The Search for a Better Answer (William G. Haemmel), 3 Mem. St. U.L. Rev. 39 (1972-1973). Attorney General Opinions. Procedure where failure to appear in municipal court with general sessions jurisdiction charged, OAG 99-096 (4/27/99). Standing of bonding company to commence failure to appear action. OAG 12-83, 2012 Tenn. AG LEXIS 82 (8/23/12).