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

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

If the defendant released upon recognizance under § 40-11-115 or posting bail bond under § 40-11-118 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order or forfeiture shall be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty (30) days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court shall enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made in accordance with § 40-11-118 shall be applied to payment of the judgment and costs. Any balance of the judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action. Acts 1978, ch. 506, § 20; T.C.A., § 40-1220. Cross-References. Forfeiture of bail, title 40, ch. 11, part 2. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 4.45. Attorney General Opinions. The “costs of the court proceedings” in T.C.A. § 40-11-120 include the costs of all the proceedings in the case against a defendant and are not limited to the costs of the bail forfeiture proceeding alone. OAG 17-38, 2017 Tenn. AG LEXIS 38 (9/1/2017).