Tennessee § 40-4-117 - Bail — Forfeiture.

§ 40-4-117. Bail — Forfeiture.

In all misdemeanor cases where bond is made for appearance before the court of general sessions, the judge is authorized and empowered to prescribe the amount of bail, either cash or otherwise, within the same discretionary powers as are granted to judges of the circuit and criminal courts by § 40-11-204. Upon default in appearance of the defendant, the judge before whom the default occurs is authorized to grant relief, lessen or remit liability upon the recognizance in such cases as provided for other courts in §§ 40-11-203 and 40-11-204; and, in the case of cash bonds, the judge may hear proof and order a fine and costs paid out of the cash bond. The unused surplus of cash bonds and other funds in excess of costs paid for exoneration of sureties shall be disbursed by the clerk as provided by law for forfeitures. Acts 1959, ch. 109, § 10; T.C.A., § 40-424; Acts 1993, ch. 382, § 2. Code Commission Notes. Former subsection (d), concerning a judge's authorization to follow the procedure in misdemeanor cases, was deemed obsolete by the Code Commission in 2006. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 4.45.