Tennessee § 40-15-101 - Default of defendant.

§ 40-15-101. Default of defendant.

When a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant. The cause shall not be discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process shall run against the defendant and the case be proceeded with as if it had not been stricken from the docket. Code 1858, §§ 5193, 5194; Shan., §§ 7157, 7158; Code 1932, §§ 11719, 11720; T.C.A. (orig. ed.), §§ 40-2103, 40-2104. Compiler's Notes. Acts 2011, ch. 484, § 3 provided that the act, which amended § 40-15-105(a)(1)(B) and § 40-35-313(a)(1)(B)(i) , shall not apply to the eligibility of a person for suspension of prosecution pursuant to title 40, chapter 15, part 1 if the offense for which such person is charged was committed prior to July 1, 2011. The law in effect at the time shall govern such person. Acts 2011, ch. 484, § 4 provided that the act, which amended § 40-15-105(a)(1)(B) and § 40-35-313(a)(1)(B)(i) , shall govern the eligibility of a person for suspension of prosecution pursuant to title 40, chapter 15 for any person charged with an offense that was committed on or after July 1, 2011. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 22.36. Law Reviews. 1985 Tennessee Survey: Selected Developments in Tennessee Law, 53 Tenn. L. Rev. 351 (1986). The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319. Attorney General Opinions. Authority of board of probation and parole to supervise individuals on pretrial diversion. OAG 10-07, 2010 Tenn. AG LEXIS 7 (1/22/10).