Tennessee Code Annotated
Tenn. Code Ann. § 40-11-138 (2026)
Release of bail bondsmen or sureties from obligations
✓ current as of May 2026
- (a) If the conditions of the bail bond have been performed and the defendant has been discharged from the defendant's obligations in the cause, the clerk of the court shall return to the bondsman the deposit of any cash. If the bail has been secured by real estate, the clerk of the court shall immediately prepare and forward to the register a written release of the deed of trust on the real estate. The costs of the release shall be paid by the defendant.
- (b)
- (1) A bail bondsman or surety shall be released from an obligation under a bail bond if the charge against the surety's principal is disposed of by acquittal, agreement with the state, whether diversion or otherwise, or retirement.
- (2)
- (A) If the charge is disposed of by conviction or a plea of guilty, the bond shall remain in effect until the court renders the defendant's sentence.
- (B) After conviction or a plea of guilty, and before the court renders the defendant's sentence, the bond shall not be forfeited against a surety, shall not be included in the calculation of a professional bondsman's capacity or solvency, or otherwise negatively impact the surety.
- (c) If after the bond has been active and in effect for three (3) years and the state has failed to seek an original indictment before a grand jury against the defendant covered by the bond, the bond shall not be forfeited against the surety and shall not be included in the calculation of a professional bondsman's capacity, solvency, or otherwise negatively impact the surety involved.
Amended by 2017 Tenn. Acts, ch. 262,s 1, eff. 5/2/2017.
Amended by 2014 Tenn. Acts, ch. 922,s 1, eff. 5/16/2014.
Amended by 2013 Tenn. Acts, ch. 388,s 2, eff. 5/6/2013.
Acts 1978, ch. 506, § 34; T.C.A., § 40-1238; Acts 1988, ch. 877, § 1; 1989, ch. 109, § 1.
Notes of Decisions
Cited in 10
cases, 1993–2019 · leading case: State v. Davis, 173 S.W.3d 411 (Tenn. 2005).
State v. Davis, 173 S.W.3d 411 (Tenn. 2005). “Initially, we note that our state legislature has recently amended section 40-11-130 to better reconcile this statute with section 40-11-138. See Tenn.Code Ann. § 40-11-130 (2005) (eff.”
State v. Parham, 854 S.W.2d 902 (Tenn. Crim. App. 1993). “” The section also states that if the “disposition” is a plea of guilty, *904 then “the surety, unless relieved by the court, shall remain liable on the' criminal appearance bond until the court renders the defendant’s sentence.”
State v. Sharon Melton In Re: City Bonding Compnay d/b/a A-1 Bonding Co. (Tenn. Crim. App. 1998). “City Bonding relies upon Tennessee Code Annotated section 40-11-138(b) which provides: In addition to any other provisions releasing sureties from their obligations, a bail bondsman or surety shall also be released from his obligation under a bail bond upon the disposition of…”
State of Tennessee v. Stanley Davis IN RE: Ray Driver d/b/a Driver Bail Bonds (Tenn. 2005). “A disposition shall include, but shall not be necessarily limited to, conviction, acquittal, a plea of guilty, agreement with the state, whether designated diversion or otherwise, or retirement; provided, that where the disposition is a conviction or plea of guilty, the surety,…”
State of Tennessee v. Stanley Ray Davis In Re: Ray D. Driver, d/b/a Driver Bail Bonds (Tenn. Crim. App. 2004). “The appellant appealed the general sessions court’s order to the Campbell County Criminal Court, claiming that pursuant to T.C.A. § 40-11-138(b), Driver Bail Bonds was relieved of its obligation under the bond when the defendant pled guilty and was sentenced by the general…”
In re Jenkins Bonding Co. (Tenn. Crim. App. 2016). “” See T.C.A. § 40-11-138(b); see also State v. Davis, 173 S.”
In re: Rader Bonding Co. - dissenting (Tenn. Crim. App. 2018). “Code section 40-11-138(b) requires that a bail bondsman or surety be released from the obligation for a defendant’s bond if the criminal charge is disposed by acquittal, settlement agreement, diversion, or retirement.”
State of Tennessee v. Robert Bradley, Jr. (Tenn. Crim. App. 2005). “However, Tennessee Code Annotated section 40-11-138(b), when read in conjunction with section (a) of the statute, clearly contemplates that a surety is released from its obligations when the principal is in compliance with the conditions of the bail bond and disposition of the…”
In Re: Rader Bonding Co., Inc. (2019). “See Tenn. Code Ann. § 40-11-138 (b) (1990) (“A disposition shall include, but shall not be necessarily limited to .”
State v. Tony Williams (Tenn. Crim. App. 1999). “Pursuant to 3 the express language of Tenn. Code Ann. §40-11-138 (b), the surety is relieved of its liability on the original bond upon the trial court’s acceptance of the defendant’s guilty plea and the announcement of the sentence.”
— Tenn. Code Ann. § 40-11-138(b) — 6 cases
State v. Sharon Melton In Re: City Bonding Compnay d/b/a A-1 Bonding Co. (Tenn. Crim. App. 1998). “City Bonding relies upon Tennessee Code Annotated section 40-11-138(b) which provides: In addition to any other provisions releasing sureties from their obligations, a bail bondsman or surety shall also be released from his obligation under a bail bond upon the disposition of…”
State of Tennessee v. Stanley Ray Davis In Re: Ray D. Driver, d/b/a Driver Bail Bonds (Tenn. Crim. App. 2004). “The appellant appealed the general sessions court’s order to the Campbell County Criminal Court, claiming that pursuant to T.C.A. § 40-11-138(b), Driver Bail Bonds was relieved of its obligation under the bond when the defendant pled guilty and was sentenced by the general…”
State of Tennessee v. Stanley Davis IN RE: Ray Driver d/b/a Driver Bail Bonds (Tenn. 2005). “A disposition shall include, but shall not be necessarily limited to, conviction, acquittal, a plea of guilty, agreement with the state, whether designated diversion or otherwise, or retirement; provided, that where the disposition is a conviction or plea of guilty, the surety,…”
In re Jenkins Bonding Co. (Tenn. Crim. App. 2016). “” See T.C.A. § 40-11-138(b); see also State v. Davis, 173 S.”
In re: Rader Bonding Co. - dissenting (Tenn. Crim. App. 2018). “Code section 40-11-138(b) requires that a bail bondsman or surety be released from the obligation for a defendant’s bond if the criminal charge is disposed by acquittal, settlement agreement, diversion, or retirement.”
— Tenn. Code Ann. § 40-11-138(b)(1) — 1 case
In re: Rader Bonding Co. - dissenting (Tenn. Crim. App. 2018). “Code section 40-11-138(b) requires that a bail bondsman or surety be released from the obligation for a defendant’s bond if the criminal charge is disposed by acquittal, settlement agreement, diversion, or retirement.”
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