TBA Law Blog

TBA Law Blog

State House Passes 'Safety of Community' Bill

Posted by: Julia Wilburn on Feb 8, 2024

The Tennessee House of Representatives today passed a bill that requires the “safety of the community” be a magistrate’s first consideration in determining whether a defendant is released on bail. According to the Daily Memphian, the bill, HB1642/SB2562, sponsored by House Majority Leader William Lamberth, R-Portland, and Sen. Brent Taylor, R-Memphis, is one of several related to bail under consideration in the General Assembly this session. Present law requires a magistrate to consider several factors in determining bail in order to ensure the defendant’s appearance in court. Those factors include the amount of time they’ve lived in the community, their employment status and financial condition, the severity of the alleged offense and the probability of conviction. “All the other factors will still be considered by the judge or the magistrate, but it makes public safety the first factor,” Lamberth said Thursday. The bill passed by a vote of 80-13, with three abstaining. “The safety of the community is already the priority of the criminal justice system,” said Rep. John Ray Clemmons, D-Nashville. State Rep. Justin J. Pearson, D-Memphis, said that “instead of attacking bail, we need to address the root causes of the problems, such as poverty, the lack of opportunity, gun violence."

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.