House Bill 854 and Senate Bill 856 propose amendments to Tennessee's criminal procedure laws, specifically addressing the use of reliable hearsay evidence in bail determinations. The bill introduces a new subdivision to Tennessee Code Annotated, Section 40-11-115(b), allowing magistrates to consider reliable hearsay evidence, such as computer printouts of criminal records from the Tennessee Bureau of Investigation and the Federal Bureau of Investigation, provided that defendants are given a fair opportunity to rebut this evidence.
Additionally, the bill amends Tennessee Code Annotated, Section 40-11-118(b) by redesignating the existing language and adding a new subdivision that similarly permits the consideration of reliable hearsay evidence in determining bail amounts. This change aims to balance the need for ensuring a defendant's appearance in court with the safety of the public. The act is set to take effect upon becoming law, emphasizing the public welfare.
Statutes affected: Introduced: 40-11-115(b), 40-11-115, 40-11-118(b), 40-11-118