Since 2023, Tennessee legislators have passed nearly a dozen laws that have made bail harder to get and easier to lose.

Most were bills sponsored by two Shelby County Republicans: Sen. Brent Taylor and Rep. John Gillespie. Earlier this year, Taylor also sponsored Senate Bill 1708, which would cap charitable bail funds if signed into law.

Here’s what else has changed in recent years:

2026 

The bill: HB33/SB218  

What it says: If a person is charged with a firearm-involved offense or a crime that resulted in serious bodily injury or death, they are unlikely to be released on personal recognizance (cashless bail). A judge or judicial commissioner can make an exception but must explain why in writing. 

Bill sponsors: Gillespie (left) and Taylor (right)

2025

The bill: HB0034/SB0221

What it says: Courts can review a defendant’s juvenile record when deciding whether to set bail. These records were previously sealed outside of juvenile court. 

Bill sponsors: Gillespie (left) and Taylor (right)

The bill: HB0580/SB0601

What it says: When people are released from jail with GPS ankle monitors, they must follow all conditions of their bail. If any conditions are violated, the court may be notified, and the defendants are responsible for the cost of the ankle monitor. If they can’t pay, people may be sent back to jail or granted more time to cover the costs, depending on the judge. 

Bill sponsor: Rep. Clay Doggett (left,) a Republican from Pulaski, and Sen. Paul Rose, a Republican who represents Shelby, Tipton and Lauderdale counties

The bill: HB0854/SB0856

What it says: When deciding whether to release someone on bail and how much to set it at, judges can now consider hearsay evidence or secondhand information. Usually, courts treat hearsay with skepticism. 

Bill sponsor: Rep. William Lamberth (left,) a Republican from Portland, and Taylor

The bill: SJR0025

What it says: Tennessee legislators passed the Senate joint resolution that proposes a constitutional amendment to eliminate the right to bail for a capital offense, second degree murder, aggravated rape, aggravated rape of a child, terrorism, grave torture and any offense requiring a defendant to serve at least 85% of their sentence, if charged. Voters will decide whether the amendment is made in the November 2026 election. 

Bill sponsor: Sen. Jack Johnson, a Republican from Franklin

2024

The bill: HB1641/SB2563

What it says: If a person is out on bail and breaks any condition of their release, that violation is a Class A misdemeanor. Police can arrest the person without a warrant, and the person can be put in jail for up to 11 months and 29 days. 

Bill sponsor: Lamberth (left) and Taylor

The bill: HB1642/SB2562

What it says: When a judge or judicial commissioner is deciding whether to release someone on bail, they must first consider community safety — not whether the person is a flight risk. 

Bill sponsor: Lamberth (left) and Taylor

The bill: HB1718/SB2566

What it says: If a person is out on bail for a felony charge, the person must agree to pretrial monitoring. If the person breaks any conditions of release, the judge must issue an arrest warrant. If the person is re-arrested, only a judge — not a judicial commissioner — can grant release. 

Bill sponsor: Gillespie and Taylor

The bill: HB1719/SB2565 

What it says: Judges and judicial commissioners can no longer consider a defendant’s ability to pay when setting bail. 

Bill sponsor: Gillespie and Taylor

2023

The bill: HB0830/SB0932

What it says: Only judges — not judicial commissioners — can decide whether to grant bail for people arrested for Class A or Class B felony charges. 

Bill sponsor: Gillespie and Taylor