Tennessee State Representative John Gillespie (R-Memphis) introduced two bills this week that would tighten Tennessee’s bail laws, requiring judges to consider juvenile records and pretrial reports when considering whether a minor defendant is eligible for release, and changing the standards for bail to automatically preclude those accused of crimes involving firearms, serious injury, or death.
Gillespie filed HB 33 on Wednesday, would change Tennessee law to establish “a presumption that a defendant should not be released” from jail should the circumstances of their charges include, “the use or display of a firearm,” or if their alleged crimes “resulted in the serious bodily injury or death of the victim.”
Under the legislation, Tennessee judges and magistrates would need to have each of these conditions rebutted before allowing the release of a defendant.
Gillespie also submitted HB 34, which would require judges and magistrates to “consider the defendant’s prior juvenile record in determining the defendant’s risk of danger to the community.” It would also allow courts to consider juvenile records when creating the pretrial reports consulted by judges and magistrates when setting bond.
The legislation from Gillespie comes after he previously worked with a fellow Memphis lawmaker, State Senator Brent Taylor (R-Memphis), to pass The Parental Accountability Act earlier this year.
That legislation required juvenile courts to levy $1,000 fines against children who are found guilty of two or more delinquent acts, with courts given the ability to substitute community service in place of a fine. Governor Bill Lee signed the bill into law in May.
Another bail law passed this year faced a legal challenge in Memphis from the restorative justice group Just City, which filed a federal lawsuit to block legislation that prohibited judges and magistrates from considering a defendant’s ability to pay when setting their bail.
U.S. District Court Judge Thomas Parker denied the group’s request for a preliminary injunction this week, ruling their attorneys failed to provide sufficient evidence they will ultimately win the lawsuit.
On the federal level, in May Senator Marsha Blackburn (R-TN) reintroduced her Restoring Law and Order Act, which the senator said in September would eliminate cashless bail policies and redirect funding from Diversity, Equity, and Inclusion initiatives toward police officers.
– – –
Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “State Rep. Michael Gillespie” by State Rep. Michael Gillespie.
