2023 Tennessee Code
Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306)
Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406)
Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153)
Section 40-11-133 - Arrest of defendant by bail bondsman or other authorized person

• (a) For the purposes of §§ 40-11-132, 40-11-203, and 40-11-204, the bail bondsman or surety may arrest the defendant on a certified copy of the undertaking, at any place either in or out of the state, or may, by written authority endorsed on the certified copy, authorize another person to make the arrest. In the event that circumstances prevent the obtaining of a certified copy of the undertaking or capias from the clerk's office at the time of the arrest or surrender, a duplicate copy of the same shall suffice until such time that a certified copy can be obtained from the clerk's office.

• (b) After the payment of the forfeiture, the bail bondsman or surety may arrest the defendant on a certified copy of the capias, or may, by a written authority endorsed on the certified copy, authorize another person to make the arrest.

• (c) Any capias issued pursuant to a forfeit, whether the forfeit is conditional or final, shall remain in full force and effect until the defendant is apprehended and returned to the criminal justice system, and a disposition is entered in the defendant's case.

• (d) Any approved bail bondsman in good standing is authorized to return the defendant to the jurisdiction for which the bail bond is obligated for the defendant's appearance; provided, the bail bondsman is liable for the expenses of returning the defendant and the defendant is located within this state.

• (e) A professional bondsman or the agent of a professional bondsman who is arresting a defendant pursuant to this section is prohibited from:
  • (1) Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization;
  • (2) Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or
  • (3) Wearing clothing bearing an identifying title other than "Bail Bondsman".

Amended by 2021 Tenn. Acts, ch. 520, s 4, eff. 5/25/2021.

Acts 1978, ch. 506, § 31; T.C.A., § 40-1233; Acts 1987, ch. 423, § 4; 1991, ch. 347, § 4; 2001, ch. 426, § 1; 2003 , ch. 303, § 1; 2010 , ch. 799, § 1; 2011 , ch. 367, § 2.