Tennessee Code Annotated
Tenn. Code Ann. § 40-11-113 (2026)
Admission to bail pending appeal
✓ current as of May 2026
- (a)
- (1) In the cases in which the defendant may be admitted to bail upon appeal, the order admitting the defendant to bail may be made either by the court wherein the judgment was rendered, or the judge of the rendering court, by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court justice.
- (2) In any case in which any person has been admitted to bail following the person's arrest or indictment, the bail bond, security or cash deposit shall continue and be valid and binding pending any trial proceeding and appellate review, and no additional or new bail shall be required unless ordered by the court wherein the judgment of the conviction was rendered, or the judge of the rendering court, or by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court judge.
- (3) Nothing in this section shall prevent any of the rendering courts, the court of criminal appeals or the supreme court or any judge or justice of those courts from reducing or increasing the amount of bail required pending appellate review.
- (4) If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately.
- (b) If a defendant is convicted of first degree murder, a Class A felony or a violation of § 39-11-117, § 39-12-205, § 39-13-304, § 39-13-402, § 39-13-503, § 39-13-504, § 39-13-518, § 39-13-1004, § 39-15-402, § 39-17-107, § 39-17-417(b), § 39-17-417(c)(1), § 39-17-417(i), § 39-17-1004 or § 39-17-1005, the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial, or related post-guilt determination hearings.
- (c) If the defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings.
- (d) Before a judge admits to bail pending appeal and releases a defendant who is convicted of any kidnapping offense, for which bail is authorized, involving a hostage or victim, the judge shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant has been admitted to bail pending appeal and is being released. If the hostage or victim is under eighteen (18) years of age or is otherwise unavailable, the judge shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim.
Amended by 2022 Tenn. Acts, ch. 643, s 1, eff. 3/11/2022.
Amended by 2021 Tenn. Acts, ch. 545, s 15, eff. 7/1/2021.
Acts 1978, ch. 506, § 13; 1979, ch. 224, § 1; 1979, ch. 318, § 16; 1979, ch. 397, § 1; 1981, ch. 449, § 2; 1982, ch. 567, §§ 1, 2; T.C.A., § 40-1213; Acts 1988, ch. 648, § 2; 1991, ch. 347, §§ 1, 3; 1995, ch. 498, § 1.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1994–2025 · leading case: State v. Stone, 880 S.W.2d 746 (Tenn. Crim. App. 1994).
State v. Stone, 880 S.W.2d 746 (Tenn. Crim. App. 1994). “” The defendant argues that although his appeal bond may have been appropriately revoked pursuant to T.C.A. § 40-11-113(a)(4), the revocation of his probation under the circumstances of this case was improper.”
State of Tennessee v. Jose E. Bejar, in Re: Liberty Bonding Co. (Tenn. Crim. App. 2010). “By written order, the trial court denied the petition, finding that: 1) the forfeiture was finalized in the court’s minutes; and (2) despite the language of Tennessee Code Annotated section 40-11-113(c), the court retained broad discretion in bond matters and that dismissal of…”
State of Tennessee v. Phillip Warren Trotter (Tenn. Crim. App. 2025). “§ 40-26-102 (a); but see Tenn. Code Ann. §40-11-113 (a)(4) and (b) (listing circumstances, not applicable to the matter before the court, that require the trial court to “revoke bail immediately” following a conviction).”
Kimberly Street v. State (Tenn. Crim. App. 1998). “Tenn. Code Ann. § 40-11-113 (a)(1). Any of the above courts, judges or justices thereof, may increase or reduce the amount of bail required pending appellate review.”
State of Tennessee v. Darlene Renee Blackhurst (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 40-11-113 (a)(2). On appeal, Defendant argues that she is entitled to credit against her sentence for the time she spent on probation from August 2000 to May 2002.”
State of Tennessee v. Branden Haney & Lawrence Davis (Tenn. Crim. App. 2003). “However, Tennessee Code Annotated section 40-11-113(b) provides that if a defendant is convicted pursuant to the provisions of Tennessee Code Annotated section 39-17-417(c)(1) (Supp.”
Ratliff v. Shelby Cnty., Tennessee (W.D. Tenn. 2022). “After conviction, defendants are bailable as provided by, § 40-11-113, § 40-11-143 or both.” Tenn. Code Ann.”
— Tenn. Code Ann. § 40-11-113(a)(4) — 1 case
State v. Stone, 880 S.W.2d 746 (Tenn. Crim. App. 1994). “” The defendant argues that although his appeal bond may have been appropriately revoked pursuant to T.C.A. § 40-11-113(a)(4), the revocation of his probation under the circumstances of this case was improper.”
— Tenn. Code Ann. § 40-11-113(b) — 1 case
State of Tennessee v. Branden Haney & Lawrence Davis (Tenn. Crim. App. 2003). “However, Tennessee Code Annotated section 40-11-113(b) provides that if a defendant is convicted pursuant to the provisions of Tennessee Code Annotated section 39-17-417(c)(1) (Supp.”
— Tenn. Code Ann. § 40-11-113(c) — 1 case
State of Tennessee v. Jose E. Bejar, in Re: Liberty Bonding Co. (Tenn. Crim. App. 2010). “By written order, the trial court denied the petition, finding that: 1) the forfeiture was finalized in the court’s minutes; and (2) despite the language of Tennessee Code Annotated section 40-11-113(c), the court retained broad discretion in bond matters and that dismissal of…”
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