A Tennessee court can temporarily revoke a defendant’s bond before trial if the defendant violates a condition of release, is charged with an offense committed while released, or engages in conduct that obstructs the orderly and expeditious progress of the trial or other proceedings.
Beginning July 1, 2026, Tennessee law expressly allows a court to temporarily revoke bond and hold a defendant without bail for no more than 10 days pending a bond revocation hearing.
The change comes from Public Chapter 896, enacted through Senate Bill 1945 and House Bill 1980. The legislation amended Tenn. Code Ann. § 40-11-141(b).
The new law does not mean that every alleged bond violation or new arrest automatically results in detention until trial. It creates a specific temporary-revocation procedure involving a written order, notice of a hearing, a limit on detention while the hearing is pending, and a separate decision concerning permanent revocation.
Because losing pretrial release can immediately affect a defendant’s liberty and ability to prepare for a pending case, a threatened bond revocation deserves prompt attention. Our criminal defense attorneys represent people facing criminal charges and related pretrial proceedings in Tennessee.
What Changed Under Tennessee’s 2026 Bond Revocation Law?
Public Chapter 896 was signed by Governor Bill Lee on May 5, 2026, and became effective July 1, 2026.
Tennessee courts already had authority to revoke pretrial bond before the new law took effect. Public Chapter 896 did not create bond revocation for the first time.
Instead, it rewrote subsection (b) of Tenn. Code Ann. § 40-11-141 to expressly create a temporary-revocation process while a bond revocation hearing is pending.
| Before July 1, 2026 | Beginning July 1, 2026 |
| Tennessee law already provided authority for pretrial bond revocation | The statute expressly authorizes temporary bond revocation |
| Subsection (b) did not contain the new 10-day temporary-detention provision | Temporary detention without bail is limited to no more than 10 days pending the hearing |
| Due-process requirements were established through Tennessee case law | The amended statute expressly refers to a written order, notice and a bail revocation hearing |
| Courts addressed revocation under the existing statutory and constitutional framework | The amended subsection separately addresses temporary revocation and permanent revocation after a hearing |
The 2026 amendment therefore changes the procedure surrounding bond revocation, rather than creating an entirely new power to revoke pretrial release.
When Can a Court Temporarily Revoke Bond in Tennessee?
Amended § 40-11-141(b) identifies three circumstances that can trigger the temporary-revocation procedure.
Violating a Condition of Release
The first is an alleged violation of a condition imposed as part of the defendant’s release.
The precise wording of the bond order matters. A revocation dispute may require examination of what the court ordered, what conduct allegedly occurred, and whether that conduct actually violated the condition at issue.
An allegation itself does not resolve the permanent-revocation question. Tennessee law and due-process precedent provide for a hearing before the permanent-revocation determination described in the statute.
For more information about release restrictions and alleged violations, see our guide to violating bond conditions in a criminal case.
Being Charged With an Offense While on Bond
The statute also permits the temporary-revocation procedure when a defendant is charged with an offense committed during the defendant’s release.
This language is important.
A conviction on the new charge is not required before the temporary procedure can begin. But being charged with another offense is also not the same as being convicted of that offense.
A defendant may therefore face two distinct issues at the same time: defending against the new criminal allegation and addressing what that allegation means for an existing bond.
Obstructing the Progress of the Proceedings
The third ground involves conduct resulting in the obstruction of the orderly and expeditious progress of the trial or other proceedings.
Section 40-11-141 does not provide a closed list of conduct that satisfies this provision.
Whether particular conduct falls within the statute depends on the conduct alleged, its relationship to the pending proceedings, and the evidence presented to the court.
How Does Tennessee’s New 10-Day Bond Revocation Rule Work?
The new 10-day provision is one of the most significant changes made by Public Chapter 896.
Under amended § 40-11-141(b), when one of the statutory grounds exists, the court may, upon the filing of a written order and notice of hearing, temporarily revoke the defendant’s bond.
The court may then order the defendant held without bail for no more than 10 days pending a bail revocation hearing.
The process can be understood as:
Alleged statutory ground → written order and notice → temporary bond revocation → detention without bail for no more than 10 days pending the hearing → bond revocation hearing → court decision
The 10-day provision applies to the temporary no-bail detention authorized while the revocation hearing is pending.
It should not be described as a rule allowing the court to hold someone indefinitely without a hearing.
It is also more precise to say that the defendant may be held “for no more than 10 days pending a bail revocation hearing” rather than stating that the statute expressly commands the hearing to occur within a particular number of days.
Does Tennessee Require a Bond Revocation Hearing?
Tennessee Supreme Court precedent recognizes important due-process protections before pretrial bond is permanently revoked.
The leading case is State v. Burgins, 464 S.W.3d 298 (Tenn. 2015).
In Burgins, the Tennessee Supreme Court explained that Tennessee’s constitutional protection of pretrial bail does not make continued release absolute. A defendant may forfeit continued pretrial release based on post-release conduct.
Because revocation affects a defendant’s liberty before conviction, however, the Court held that due process requires an evidentiary hearing before bond is revoked.
The procedural protections identified in Burgins include:
- written notice of the alleged grounds for revocation and the time and place of the hearing;
- disclosure of the evidence against the defendant;
- a meaningful opportunity to be heard and present evidence;
- an opportunity to confront and cross-examine adverse witnesses under the evidentiary framework described by the Court; and
- an opportunity to present argument.
Public Chapter 896 now also expressly refers to a bail revocation hearing and requires a written order and notice of hearing as part of the new temporary-revocation procedure.
What Happens at a Tennessee Bond Revocation Hearing?
A bond revocation hearing does not determine whether the defendant is guilty of the pending criminal charge.
Its focus is whether there is a sufficient legal and factual basis to take action concerning continued pretrial release.
Evidence may be presented concerning the conduct alleged to support revocation.
Under Burgins, reliable hearsay may be considered in a revocation proceeding. The Tennessee Supreme Court also addressed the treatment of documentary evidence and the procedural protections necessary to provide the defendant a fair opportunity to challenge the State’s proof.
Recent Tennessee Court of Criminal Appeals Rule 8 orders have continued to apply the procedural framework established in Burgins.
In State v. Andrew Jackson, a July 1, 2025 Rule 8 order, the Court of Criminal Appeals concluded that summary revocation without the hearing required by Burgins did not satisfy due process.
In State v. Justin Lloyd, decided March 12, 2026, the Court of Criminal Appeals reviewed a trial court’s bond-revocation decision and applied the Burgins framework.
Both orders were issued before Public Chapter 896 became effective on July 1, 2026. They remain useful in understanding the Tennessee appellate courts’ application of Burgins, but they did not interpret the new statutory language enacted by Public Chapter 896.
What Does the State Have to Prove at a Bond Revocation Hearing?
In State v. Burgins, the Tennessee Supreme Court held that the State bears the burden at the revocation hearing and must establish sufficient grounds for revocation by a preponderance of the evidence.
That burden differs from the beyond a reasonable doubt standard required to convict someone of a criminal offense.
The distinction can become especially important when the revocation proceeding involves allegations of new criminal conduct.
Public Chapter 896 does not specify a new burden of proof for a bond revocation hearing.
State v. Burgins remains the Tennessee Supreme Court decision establishing the preponderance-of-the-evidence standard and due-process framework for bond revocation. At the same time, the amended statutory language must be applied according to its current wording.
As of the effective date of the new law, the amendment’s specific post-hearing language should therefore be considered together with the existing constitutional and appellate framework.
Can a Judge Permanently Revoke Bond After the Hearing?
The wording of amended § 40-11-141(b) is particularly important on this question.
The first part of the subsection identifies three circumstances that can trigger temporary revocation:
- violation of a condition of release;
- being charged with an offense committed during release; or
- conduct obstructing the orderly and expeditious progress of the proceedings.
The statute then separately addresses what happens after the hearing.
Under the text of amended § 40-11-141(b), following the revocation hearing, the court may permanently revoke bond if it finds that the defendant violated a condition of bond. The court may then order the defendant held without bail pending trial or without release during trial.
That wording deserves careful attention because the legislature used broader language when describing temporary revocation than it used in the sentence governing permanent revocation.
For that reason, the statute should not be simplified into:
New arrest = automatic permanent bond revocation.
The court must conduct the required proceeding and apply the current statutory language together with Tennessee’s constitutional and appellate requirements.
Does a New Arrest Automatically Revoke Your Bond?
No.
Being charged with an offense allegedly committed during release is one of the grounds identified in § 40-11-141(b) for temporary revocation.
But a new arrest does not itself establish guilt, and Public Chapter 896 does not say that every new arrest automatically produces permanent bond revocation.
Instead, the amended statute contemplates a process involving:
- a written order;
- notice of hearing;
- temporary detention within the statutory 10-day limit; and
- a bond revocation hearing.
The separate permanent-revocation language must then be applied according to the findings made at that hearing.
Bond Revocation vs. Bond Modification
Bond modification and bond revocation are different.
A bond modification changes the conditions or amount associated with release.
A bond revocation terminates the defendant’s existing release.
The 2026 law adds an important third concept: temporary revocation while the revocation hearing is pending.
Under Public Chapter 896, temporary revocation may result in detention without bail for no more than 10 days pending that hearing.
Under the framework established by Burgins, courts considering revocation must also address whether measures short of detention until trial, such as additional release conditions or increased bail, can adequately address the concerns presented.
The appropriate issue depends on the circumstances, the bond order, the evidence, and the findings made by the court.
Can a Bond Revocation Order Be Reviewed?
Tennessee Rule of Appellate Procedure 8 provides a procedure for appellate review of pretrial release orders.
Before conviction, Rule 8 requires the requested relief to first be presented to the trial court in a written motion before appellate review is sought.
Tenn. Code Ann. § 40-11-144 also addresses review of bail decisions.
The 2026 Justin Lloyd matter provides an example of a defendant seeking Rule 8 review after the trial court revoked pretrial bond.
Whether review is available or appropriate in a particular case depends on the order entered, the procedural history, the issues presented, and compliance with the applicable procedural requirements.
Because bond disputes concern ongoing detention, timing can be significant.
What Should You Do If Your Bond May Be Revoked?
A threatened bond revocation can move quickly because the 2026 law permits temporary detention while the hearing is pending.
The defense may need to examine:
- the written bond and release conditions;
- the specific conduct alleged;
- the court’s temporary-revocation order;
- notice of the hearing;
- evidence offered by the State;
- communications or other records relevant to the allegation;
- witness information;
- monitoring or location records when relevant; and
- whether additional lawful release conditions could address the concerns raised.
A defendant should also be careful about attempting to resolve the matter directly with an alleged victim or witness. If a no-contact restriction or another release condition applies, additional contact can create further legal issues.
How a case is handled can depend on the specific charge and local court procedures.
Frequently Asked Questions About Tennessee Bond Revocation
Can a judge revoke your bond in Tennessee?
Yes. Tenn. Code Ann. § 40-11-141 addresses pretrial bond revocation. Effective July 1, 2026, Public Chapter 896 expressly added a temporary-revocation procedure under specified circumstances.
Can Tennessee temporarily revoke bond before the hearing?
Yes. Beginning July 1, 2026, § 40-11-141(b) allows a court, upon the filing of a written order and notice of hearing, to temporarily revoke bond and hold a defendant without bail for no more than 10 days pending the bond revocation hearing. Permanent revocation is addressed separately after the hearing.
How long can Tennessee hold you before a bond revocation hearing under the new law?
Under the temporary-revocation procedure in amended § 40-11-141(b), a defendant may be held without bail for no more than 10 days pending the bail revocation hearing.
What happens if you get a new charge while already on bond?
A charge alleging an offense committed during release is one of the grounds that can trigger the temporary-revocation procedure. A criminal charge does not itself constitute a conviction.
Does a new arrest automatically revoke your bond?
No. A new charge can trigger the temporary-revocation process, but the statute requires a procedure involving a written order, notice and a bond revocation hearing. The amended statute separately addresses permanent revocation following the hearing.
What does the State have to prove at a bond revocation hearing?
State v. Burgins establishes a preponderance-of-the-evidence standard for bond revocation proceedings. Public Chapter 896 does not state a different burden of proof.
Can the judge change bond instead of permanently revoking it?
Under the framework established by Burgins, the court must consider whether measures such as additional release conditions or increased bail can adequately address the relevant concerns before detention until trial is imposed.
Can a bond revocation order be reviewed?
Tennessee Rule of Appellate Procedure 8 provides a procedure for review of pretrial release orders. Before conviction, the relief sought on review must first be presented to the trial court through a written motion. Tenn. Code Ann. § 40-11-144 also addresses review of bail decisions.
Facing Bond Revocation Before Trial in Tennessee?
A bond revocation proceeding can determine whether a defendant remains free while a criminal case is pending.
Since July 1, 2026, Tenn. Code Ann. § 40-11-141 expressly permits temporary bond revocation under specified circumstances and allows detention without bail for no more than 10 days pending a revocation hearing.
Tennessee Supreme Court precedent also provides important due-process protections governing bond revocation proceedings.
If you are facing a bond revocation proceeding in Chattanooga, our Chattanooga criminal defense attorneys can review the bond order, alleged violation, evidence, and procedural history of the case.
Contact Davis & Hoss, PC to discuss your circumstances.