NASHVILLE, Tenn. (WKRN) — A bill recently filed in Tennessee takes on a whole new approach for addressing repeat offenders.
The proposed legislation would allow a victim to sue someone who posted bail — other than a professional bondsman or a person with a bailable interest — for a defendant if that defendant is later convicted of another crime that occurred while the defendant was out on bail. Therefore, it would allow the victim to “recover for damage to property, injury, or death arising from the subsequent criminal offense,” according to the bill.
“I don’t think it would ever go to court because you can’t determine what a person’s going to do when you bond them out,” David Stuckman, president of the Professional Bail Agents of the United States, told NewsNation affiliate WKRN.
Stuckman said he does not know of legislation like this in any other state.
“No statutes that I know of, and if there is, they’ll get a call from somebody, but no, and I know most of the laws in most of the states,” Stuckman said.
If this bill were to become law, he’s worried it would discourage family members or friends from posting bail.
“But now you say, ‘Well, if he gets convicted of another crime, you could be sued.’ They’re going to say, ‘I’m not going to sign.’ So, would you? As a person yourself, would you? No, I don’t think so,” Stuckman explained.
According to Stuckman, if people refuse to bail out their loved ones, Tennessee jails will run into overcrowding issues. He added that he doesn’t want to take a stance on the proposed legislation because he still has many questions.
“What is their intent?” Stuckman asked.
News 2 asked if this bill shifts the responsibility from the person who committed the crime to the person who bailed out the defendant.
“That’s a good question. But why? The person that committed the crime, he committed the crime. Now, chances are if he committed the crime, they can’t sue the defendant because most likely he has nothing to sue for, so they’re trying to find deeper pockets,” Stuckman said.
News 2 reached out to the sponsors of the bill, but as of publication, we have not heard back.
Tennessee lawmakers are set to reconvene at the State Capitol next week.