Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
Tennessee will soon see big changes to its bail system following the passage of a bill on the last day of the legislative session on Tuesday.
House Bill 0034 (HB0034), sponsored by Representative John Gillespie (R-Memphis-District 97), passed on the House floor in a 73 to 22 vote mostly along party lines.
The legislation then returned to the Senate swiftly as the House adopted a different amendment, requiring the Senate’s concurrence. The Senate voted to adopt the House’s amendment 27 to 4 with all Republicans voting in favor.
The bill’s counterpart, Senate Bill 0221 (SB0221) was sponsored by another Shelby County lawmaker, Senator Brent Taylor (R-Memphis-District 31) and passed in the Senate at the beginning of March with the support of all Republicans in that chamber.
The legislation makes a departure from current state law by allowing courts to take into account a defendant’s juvenile criminal records when setting bonds, something that Tennessee code currently prohibits. In determining the defendant’s risk of danger to the community, courts, professional staff, attorneys for defendants, and other officials would be required to look into prior juvenile records as well as prior criminal records in bail proceedings.
Records pertaining to criminal prosecution for a violation of the prohibition on purchasing or possessing firearms would also apply but juvenile court records older than five years fall outside of the new law.
Shelby County District Attorney Steve Mulroy has stated his support for this change.
A second amendment which would have required that all files and juvenile court records, including medical reports, psychological evaluations, and any other document, be made public if an individual commits a homicide on school grounds and subsequently dies was withdrawn before the bill’s final passage.
Another public safety bill brought by both sponsors that would have kept those charged with crimes involving firearms behind bars did not make its way through the entire legislative process this year.
House Bill 0033 (HB0033) would have made it the default in Tennessee to not release defendants on their own recognizance if charged with an offense involving the use or display of a firearm or if the offense resulted in “serious bodily injury or death of the victim.”
While the corresponding Senate Bill 0218 passed in the Senate on March 13th, 2025, HB0033 did not make it to the House floor for a final vote before the session ended.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
