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Bill shifts setting of bail amounts to judges instead of judicial commissioners; HB 830 passes House & Senate, on governor’s desk

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By Sabrina Bates

MVP Regional News Editor

A measure shifting the responsibility of setting bail from judicial commissioners to elected or appointed judges is awaiting a signature to be signed into law by Gov. Bill Lee.

Rep. John Gillespie (R-97) of Memphis introduced House Bill 830 earlier this year in an effort to “attempt to correct” what is known as a “revolving door” in the criminal justice system, particularly in his district of Shelby County. Sen. Brent Taylor (R-31) of Memphis introduced the companion piece, SB 932, in the Senate and it was recently substituted for the House Bill.

State law allowed judicial commissioners to set bail and bonds for those arrested for certain offenses. Under Gillespie’s bill, those arrested on Class A or B felony charges, aggravated assault or felony aggravated assault would have their bail and bond set by a general sessions, criminal court or circuit court judges instead of
judicial commissioners. Magistrates would not be able to set bonds in those instances under the legislation.

Gillespie explained to his fellow House of Representatives members on the floor that in his district, they are having a problem with appointed judicial commissioners and cases that are slipping through the cracks that likely require more deliberation.

Rep. Vincent Dixie (D-54) of Nashville questioned if the goal of the bill was to keep people in jail longer.

Gillespie responded that yes, that is the intent, especially for people in his district who are released on bail and then committing other crimes against people.

“First of all, we’re talking about murderers, rapists, kidnappers, carjackers armed with weapons who are released on bail and then go out and commit other heinous crimes in my district,” Gillespie said. He clarified this measure is to allow judges who are elected be held accountable by the people. If a person is out on bail and commits another crime, a new bail would be required to be set in the case.

Fellow Memphian, Rep. GA Hardaway (D-93), expressed concern about a “bottleneck” of cases for judges if the measure passed and inquired about the need for additional funding resources for the measure. Gillespie said he had spoken to several people in the justice system and that has not been a concern brought to his attention, although he would not be opposed to seeking additional resources. Across Tennessee, some judicial districts already use the practice of judges only setting bonds and bail amounts.

Hardaway told Gillespie that he would get with him after the session to talk to Selby County judges who had expressed concerns to him.

The bill passed the House last week by a vote of 69 in favor, 20 opposed and 3 members present, but not voting. The majority of the votes against the bill were from Democratic House members. 

The Senate also passed the bill by a vote of 30 in favor and 1 member present, but not voting.

If Gov. Lee does not sign the bill within 10 days, it becomes law, effective July 1.

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