TENNESSEE BILL WOULD LET VICTIMS SUE BAIL POSTERS IF DEFENDANT COMMITS NEW CRIME
WKRN recently reported on a bill filed in Tennessee which introduces a novel approach to deterring repeat offenders by allowing victims to sue individuals who posted bail for a defendant—excluding professional bondsmen or those with a direct bailable interest—if that defendant is later convicted of another crime committed while out on bail.
The legislation would enable victims to recover damages for property loss, injury, or death resulting from the subsequent offense.David Stuckman, president of the Professional Bail Agents of the United States, noted that he is unaware of similar laws in any other state. He expressed concerns that the measure could discourage family members or friends from posting bail, as the risk of potential lawsuits might lead them to refuse, potentially exacerbating jail overcrowding in Tennessee.
Stuckman also questioned the bill’s intent and suggested it might shift liability away from the actual perpetrator—who often lacks assets to sue—toward those with deeper pockets who facilitated release. He remained neutral on the proposal due to outstanding questions. The bill’s sponsors have not yet responded to inquiries, and Tennessee lawmakers are scheduled to reconvene at the State Capitol next week.
