Tennessee Senate Bill SB1396

Tennessee 2025-2026 Regular Session

• Introduced: 2/6/25
• Failed: 3/17/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11, relative to bail.

Summary

SB1396 amends Tennessee’s bail statutes to modernize the receipt requirements for bail transactions. Under current law, a person handling bail must furnish a receipt and keep a duplicate copy; this bill would allow those receipts to be provided and retained in either written or digital form. The measure is limited to Tennessee Code Annotated, Title 40, Chapter 11, Section 40-11-304(a), and would take effect July 1, 2025. In practical terms, the bill updates bail administration to reflect electronic recordkeeping and digital documentation practices. It does not change who may post bail, how bail is set, or the substantive standards governing release; instead, it focuses on the paperwork and record-retention process for bail receipts.

Impact

The bill would amend Tennessee’s bail receipt statute to expressly authorize digital receipts and digital duplicate records, replacing language that refers only to paper receipts. This would affect bail bond agents, clerks, and others responsible for issuing and retaining bail documentation, while leaving the underlying bail framework unchanged. It would also align state law with common electronic business practices and may reduce administrative burdens associated with paper recordkeeping.

Sentiment

The available voting history suggests the bill did not receive broad support in the Senate Judiciary Committee, where it failed by a 3-6 vote. Because there are no committee transcripts provided, there is no detailed record of debate or sponsor testimony, but the committee outcome indicates at least some resistance or lack of consensus on the proposal. The bill’s text itself is narrow and administrative, which typically suggests a technical modernization effort rather than a major policy shift.

Contention

The main point of contention appears to have been whether Tennessee should formally permit digital receipts and digital duplicate copies in the bail context. Opponents may have had concerns about record integrity, verification, or the adequacy of electronic documentation, while supporters likely viewed the change as a straightforward modernization of bail administration. The failed committee vote indicates that, despite the bill’s limited scope, enough members were unconvinced to advance it.