Tennessee Code Title 40. Criminal Procedure § 40-11-321

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) On or after March 1, 2026, a person shall not operate as a professional bondsman in this state unless the person is licensed by the board of professional bondsmen under this section.

(b)(1) There is created a state board to be known and designated as the board of professional bondsmen for this state. The board consists of seven (7) members who must possess good moral character, must be residents of this state, and are appointed as follows:

(A) Two (2) members to be appointed by the speaker of the house of representatives, who meet the following qualifications:

(i) One (1) member who is licensed as a professional bondsman; and

(ii) One (1) member who is a circuit court clerk;

(B) Three (3) members to be appointed by the governor, who meet the following qualifications:

(i) One (1) member who is licensed as a professional bondsman;

(ii) One (1) member who is a district attorney general; and

(iii) One (1) member who is a judge with jurisdiction to issue bond; and

(i) One (1) member who is licensed as a professional bondsman; and

(ii) One (1) member who is a sheriff.

(2)(A) Members of the board must be appointed in accordance with subdivision (b)(2)(B). It is the purpose of this section that at least one (1) member shall retire from the board at the end of each year, thereby creating a rotating board.

(B) The members' terms shall be staggered as follows:

(i) The member of the board appointed pursuant to subdivision (b)(1)(A)(i) shall serve an initial term of one (1) year;

(ii) The member of the board appointed pursuant to subdivision (b)(1)(A)(ii) shall serve an initial term of two (2) years;

(iii) The member of the board appointed pursuant to subdivision (b)(1)(B)(i) shall serve an initial term of three (3) years;

(iv) The member of the board appointed pursuant to subdivision (b)(1)(B)(ii) shall serve an initial term of four (4) years;

(v) The member of the board appointed pursuant to subdivision (b)(1)(B)(iii) shall serve an initial term of five (5) years;

(vi) The member of the board appointed pursuant to subdivision (b)(1)(C)(i) shall serve an initial term of six (6) years; and

(vii) The member of the board appointed pursuant to subdivision (b)(1)(C)(ii) shall serve an initial term of seven (7) years.

(C) The appointing authorities shall appoint a new member to the board upon the expiration of the terms prescribed in subdivision (b)(2)(B) and upon the expiration of all subsequent terms. All subsequent terms must be for six (6) years.

(D) A member must not be reappointed for one (1) year after the completion of a term on the board.

(3) Vacancies occurring on the board must be filled in accordance with this section for the balance of the unexpired term.

(c)(1) The administrative office of the courts shall provide a list of all licensed bondsmen in this state upon the request of the board. The request must be made prior to March 1, 2026.

(2) The board of professional bondsmen, in consultation and cooperation with members of the judiciary in this state, shall promulgate rules for the regulation of professional bondsmen that are reasonably necessary to carry out this chapter, including, but not limited to, rules to:

(A) Implement and administer the licensure program created by this section, including, but not limited to, the establishment of adequate licensure and renewal fees to cover the cost of implementing and administering the licensure program for professional bondsmen;

(B) Establish procedures for handling disciplinary matters involving professional bondsmen licensed under this section and for persons engaged in the unauthorized practice of bail bonding;

(D) Establish the standards of practice and qualifications for the issuance of a license to be a professional bondsman under this section. The standards and qualifications include, but are not limited to, procedures to require professional bondsmen to submit to criminal history background checks in accordance with §§ 38-6-109 and 55-10-426;

(E) Establish any other procedures deemed necessary by the department for the supervision of professional bondsmen licensed under this section; and

(F) Establish procedures for the approval of the continuing education programs for professional bondsmen, to be administered by an approved third-party contractor under part 4 of this chapter.

(3) The rules must be promulgated in accordance with this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(d) A person eighteen (18) years of age or older may apply for a license to operate as a professional bondsman.

(e) An application for licensure as a professional bondsman must be submitted on a form prescribed by the board.

(f) A certificate of licensure expires two (2) years from the date of the licensure or renewal.

(g) A licensed professional bondsman shall list each place of business within this state with reference to its specific location, upon licensure and upon subsequent renewals of the licensure.

(h) Included on each license and renewal form must be a section in which the licensee declares, under penalty of perjury pursuant to § 39-16-702(a)(3), whether the licensee has previously been revoked or convicted of a violation of this chapter. In addition, the applicant shall submit to a criminal history background check by the Tennessee bureau of investigation as provided for under § 38-6-109, and is responsible for any fees associated with the criminal history background check. The Tennessee bureau of investigation shall submit the results of the criminal background check to the board.

(i) A licensee who has been convicted of a violation of this chapter, which resulted in a revocation of their license is prohibited from licensure under this chapter for five (5) years from the date of conviction.

(j) The board shall create and keep up to date a registry that includes, but is not limited to, the approved list of professional bondsmen licensed by the board, the names of all persons licensed as professional bondsmen, and a list of names of persons who have been disciplined by the board in the previous five (5) years for violating this chapter. The board shall post and maintain the registry on the department of commerce and insurance's website.

(k) Notwithstanding another law to the contrary, a license issued pursuant to this section becomes inactive upon notification to the department that the licensee is no longer in business at the licensed location.

(l) The board shall serve as the centralized entity for filing and evaluating complaints against professional bondsmen.

(m) This section does not require a judge to allow a licensed professional bondsman to admit persons to bail in the judge's court. A judge may deny a professional bondsman the privilege of admitting persons to bail in the judge's court regardless of the professional bondsman's licensure status. If a judge denies a licensed professional bondsman's request to admit persons to bail in the judge's court, then the judge must provide the bondsman with written notice of the denial and the reasons for such denial.

(n) Notwithstanding subdivisions (b)(1)(A)(i), (b)(1)(B)(i), and (b)(1)(C)(i), for the purpose of establishing the board of professional bondsmen, the appointing entities may initially appoint a bondsman who is approved to make bonds by a court within this state to the positions that must be filled by a licensed professional bondman. After March 1, 2026, the licensing requirements of subdivisions (b)(1)(A)(i), (b)(1)(B)(i), and (b)(1)(C)(i) apply for any newly appointed member of the board.

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Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-11-321 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-11-321/

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