Tennessee § 40-11-122 - Bail bond secured by real estate or sureties.

§ 40-11-122. Bail bond secured by real estate or sureties.

In lieu of the bail deposit provided for in § 40-11-118 , any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail bond may be secured by: Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or the defendant's surety worth one and one-half (1½) times the amount of bail set. If the bail bond is secured by real estate, the defendant or the defendant's surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation of the deed of trust and recordation shall be paid by the defendant; A written undertaking signed by the defendant and at least two (2) sufficient sureties, and approved by the magistrate or officer. Sureties under this section shall not be professional bondsmen or attorneys; or A solvent corporate surety or sureties or a professional bail bondsman as approved, qualified or regulated by §§ 40-11-101 — 40-11-144 and part 3 of this chapter. No bond shall be approved unless the surety on the bond appears to be qualified. Acts 1978, ch. 506, § 22; T.C.A., § 40-1222. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.28, 4.31, 4.45. Attorney General Opinions. Property bond must be rejected if it is for real estate valued at less than one and one-half times the amount of bail set, OAG 03-050 (4/22/03). Constitutionality of proposed amendment to bail statutes granting judges authority to require a defendant to post a cash deposit bond, as opposed to other types of bonds, for all bailable offenses involving a worthless check, a child custody or support violation, or a probation violation, OAG 03-054 (4/30/03). A court may not offer defendant the option of executing a bail bond secured by paying ten percent of the bail amount in cash, OAG 04-008 (1/21/04).