Tennessee § 40-35-116 - Revocation of bail on conviction.

§ 40-35-116. Revocation of bail on conviction.

If a defendant is convicted of first degree murder, a Class A felony, rape, aggravated robbery, aggravated sexual battery, aggravated kidnapping, aggravated child abuse, statutory rape by an authority figure or a violation of § 39-17-417(b) or (i), the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings. If a defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearing, motion for a new trial and related post-guilt determination hearings. If the court revokes the defendant's bail, the defendant shall be housed in a local jail pending the sentencing determination. Following sentencing, the defendant shall be transferred to the custody of the authority to whom the defendant was sentenced. If a defendant is convicted of first degree murder, the judge may house the defendant in a local jail or may transfer custody to the department of correction pending further proceedings in the trial court. Acts 1989, ch. 591, § 6; 1990, ch. 980, § 22; 2007, ch. 108, § 1. Sentencing Commission Comments. Under prior law, revocation of bail following conviction was related to probation eligibility. Subsection (a) mandates revocation of bail based on the type of conviction offense. Revocation of bail for other felony offenses is discretionary under subsection (b). The standards for revocation of bail are set forth in § 40-26-102 . Bail in misdemeanor cases is addressed in § 40-26-104 . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Classification of offenses, § 40-35-110 . Immediate revocation of bail for certain offenses, § 40-11-113 . Penalty for Class A felony, § 40-35-111 . Sentence range, § 40-35-112 .