State Rep. John Gillespie, R-Memphis, this week introduced legislation to reform Tennessee’s bail process and improve public safety across the Volunteer State.
House Bill 33 would create a presumption that defendants charged with offenses involving the use or display of firearms resulting in serious bodily injury should not be released on personal recognizance. If a magistrate or judicial official disproves this presumption, they would be required to list out written findings in a bail order for each applicable factor.
House Bill 34 would allow courts, professional staff, attorneys for defendants and other officials to consider a defendant’s prior juvenile record in addition to prior criminal record to determine bail. Current Tennessee law only allows courts to consider prior criminal records in bail proceedings, which include crimes committed after the age of 18.
Juvenile records can already be made available in certain circumstances for sentencing after a defendant’s conviction.
“All Tennesseans have the right to feel safe on our streets, and public officials have a duty to make every reasonable effort to achieve maximum public safety,” Gillespie said. “Judicial magistrates are entitled to all relevant details in making bail considerations to keep violent criminals in custody. These bills will provide the full picture of a defendant’s criminal history while at the same time ensuring transparency and accountability.”
These measures build on Gillespie’s previous successes in reforming Tennessee’s bail process, holding violent criminals accountable and improving public safety.
The 114th General Assembly is scheduled to convene on Jan. 14, 2025.
State Rep. John Gillespie Represents House District 97, which includes part of Shelby County.