Tennessee § 40-11-148 - Bail for defendant charged with commission of crime while free on bail.

§ 40-11-148. Bail for defendant charged with commission of crime while free on bail.

When a defendant has been admitted to and released on bail for a criminal offense, whether prior to or during trial or pending appeal, and the defendant is charged with the commission of one (1) or more bailable offenses while released on bail, the judge shall set the defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged. When the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with driving under the influence of an intoxicant under § 55-10-401, vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, the court shall consider the use of special conditions for such defendant, including, but not limited to, the conditions set out in subdivision (b)(2), if the offense for which bail is being set was committed while the defendant was released on bail for a prior charge of violating any offense listed in this subdivision (b)(1). The special conditions the court shall consider pursuant to subdivision (b)(1) are: The use of an ignition interlock device; The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419; The use of electronic monitoring with random alcohol or drug testing; or Pretrial residency in an in-patient alcohol or drug rehabilitation center. As used in this subsection (b), “court” includes any person authorized by § 40-11-106 to take bail. Acts 1981, ch. 351, § 1; T.C.A., § 40-1248; Acts 2010, ch. 867, § 2; 2011, ch. 487, § 3; 2016, ch. 876, § 5; 2016, ch. 993, § 11; 2018, ch. 1046, § 3. Compiler's Notes. Acts 2018, ch. 1046, § 12 provided that the act, which amended this section, shall apply to offenses committed on or after July 1, 2018. Amendments. The 2018 amendment substituted “electronic monitoring indigency” for “DUI monitoring” preceding “fund” in (b)(2)(B). Effective Dates. Acts 2018, ch. 1046, § 12. July 1, 2018. Cross-References. Bail to be set no higher than necessary, Tenn. Const., art I, § 16, § 40-11-118 . Bailable offenses, Tenn. Const., art. I, § 15, § 40-11-102 . Right to bail, maximum amounts, § 40-11-105 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.9, 33.104.