House Bill 33, sponsored by Gillespie, amends Tennessee Code Annotated, Title 40, to establish new guidelines for pretrial release concerning certain offenses. The bill introduces a presumption against releasing defendants on their personal recognizance if they are charged with crimes involving the use or display of a firearm, or if the offense resulted in serious bodily injury or death to the victim. The terms "firearm" and "serious bodily injury" are defined as per existing law in 39-11-106.
Additionally, if a magistrate or authorized official decides to rebut this presumption, they are required to provide written findings for each factor outlined in subsection (b) of the law. This amendment aims to enhance public safety by ensuring that individuals charged with serious offenses involving firearms are not easily released before trial. The act is set to take effect on July 1, 2025.
Statutes affected: Introduced: 40-11-115